Hugh Don Smith v. United States

KRAVITCH, Circuit Judge:

Appellant filed a motion to have his sentence vacated under 28 U.S.C. § 2255 1 on the ground that the sentence imposed exceeded that which the government agreed it would recommend in exchange for appellant’s cooperation as an informant. We agree with the district court that the government’s bargain was not binding on the trial judge; hence we affirm the denial of appellant’s motion.

Appellant Hugh Don Smith was convicted by a jury of eighty counts of receiving, transporting, and selling stolen motor vehicles in interstate commerce in violation of 18 U.S.C. §§ 2, 2312.…