United States v. Cecil Schultz Sr.
This text of 159 F. App'x 743 (United States v. Cecil Schultz Sr.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Cecil Eugene Schultz, Sr. appeals the 120-month sentence the district court * imposed after Schultz pleaded guilty to a drug-conspiracy charge. Shultz argues an evidentiary hearing is necessary to determine if his coconspirators had indeed pleaded guilty when the government denied him an opportunity to earn a substantial-assistance reduction by providing information. We conclude Schultz failed to make a substantial threshold showing that the government’s refusal was “irrational, in bad faith, or based on an unconstitutional motive.” See United States v. Davis, 397 F.3d 672, 676 (8th Cir.2005) (per curiam) (quoting United States v. Lieona-Lopez, 163 F.3d 1040, 1042 (1998)). Accordingly, we affirm.
The Honorable William R. Wilson, Jr., United States District Judge for the Eastern District of Arkansas.
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159 F. App'x 743, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-cecil-schultz-sr-ca8-2005.