Opinions by Case | Eighth Circuit | United States Court of Appeals

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071255P.pdf   01/14/2008  United States  v.  Terrance Fields
   U.S. Court of Appeals Case No:  07-1255
   U.S. District Court for the Eastern District of Missouri - Cape Girardeau   
   Girardeau
   [PUBLISHED] [Wollman, Author, with John R. Gibson and Benton,
   Circuit Judges]
   Criminal case - Sentencing. Defendant failed to make a substantial
   threshold showing that the government had an improper motive when it
   refused to file a 5K1.1 motion for substantial assistance, and the
   government retained discretion to decide whether or not to file a motion;
   as a result, the district court did not err in refusing to compel the
   government to file the motion; sentence was not unreasonable, and the
   district court's decision to impose a sentence at the bottom of the
   Guidelines range, rather than to vary from the Guidelines, was not an
   abuse of the court's discretion.