083775P.pdf   07/24/2009  United States  v.  Gene Smith
   U.S. Court of Appeals Case No:  08-3775
   U.S. District Court for the Northern District of Iowa - Ft. Dodge   
   [PUBLISHED] [Melloy, Author, with Beam and Colloton, Circuit
   Judges]
   Criminal case - Sentencing. Defendant failed to show that the
   government's refusal to file a substantial-assistance motion was not
   rationally related to legitimate end or that it was motivated by an
   unconstitutional motive; because defendant has not met his burden of
   showing that the government acted for an improper motive, the district
   court did not abuse its discretion in refusing to compel the government to
   file a Section 3553(e) motion; government was not judicially estopped
   from arguing that defendant had not provided substantial assistance.