United States v. Cecil Schultz Sr. , 159 F. App'x 743 ( 2005 )


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  •                      United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 05-1866
    ___________
    United States of America,                *
    *
    Appellee,                   * Appeal from the United States
    * District Court for the Eastern
    v.                                 * District of Arkansas.
    *
    Cecil Eugene Schultz, Sr.,               *      [UNPUBLISHED]
    *
    Appellant.                  *
    ___________
    Submitted: December 19, 2005
    Filed: December 21, 2005
    ___________
    Before ARNOLD, FAGG, and SMITH, Circuit Judges.
    ___________
    PER CURIAM.
    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
    *
    The Honorable William R. Wilson, Jr., United States District Judge for the
    Eastern District of Arkansas.
    Cir. 2005) (per curiam) (quoting United States v. Lincona-Lopez, 
    163 F.3d 1040
    ,
    1042) (1998)). Accordingly, we affirm.
    ______________________________
    -2-
    

Document Info

Docket Number: 05-1866

Citation Numbers: 159 F. App'x 743

Judges: Arnold, Fagg, Morris, Per Curiam, Sheppard, Smith

Filed Date: 12/21/2005

Precedential Status: Non-Precedential

Modified Date: 11/5/2024