Sentence for drug crimes and firearms possession is affirmed where: 1) the district court did not abuse its discretion in refusing to compel the government to a file a substantial assistance motion under U.S.S.G. section 3553(e) as defendant failed to meet his burden of showing that the government acted with an improper motive in refusing to file the motion; and 2) the government was not judicially estopped from arguing that defendant had not provided substantial assistance.
Read US v. Smith, No. 08-3775
Appellate InformationAppeals from the United States District Court for the Northern District of Iowa.Submitted June 11, 2009Decided July 24, 2009
JudgesBefore MELLOY, BEAM, and COLLOTON, Circuit Judges.Opinion by MELLOY, Circuit Judge.
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