Filed: Dec. 21, 2005
Latest Update: Mar. 02, 2020
Summary: 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 * Cecil Eugene Schultz, Sr., * [UNPUBLISHED] * Appellant.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
Summary: 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 * Cecil Eugene Schultz, Sr., * [UNPUBLISHED] * Appellant.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 ..
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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Cecil Eugene Schultz, Sr., * [UNPUBLISHED]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.
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