United States v. Scott Lukse, Also Known as Scott Luxley (00-6054) Joshua Hight (00-6077)
Court of Appeals for the Sixth Circuit
1Opinion of the Court
OPINION
KEITH, Circuit Judge.
In this consolidated direct appeal, the defendants Scott Lukse and Joshua Hight contend that the district court erred in not compelling the government to file motions for downward departure based on substantial assistance rendered pursuant to their plea agreements. Although we find that the government retained full discretion to determine whether the defendants did provide substantial assistance, we find that new sentencing hearings are warranted because the government did not meet its burden of showing that the Defendants breached their plea agreements. Therefore,…
2Cases cited10 opinions
- Santobello v. New YorkSupreme Court of the United States · 1971
- McCleskey v. KempSupreme Court of the United States · 1987
- Mabry v. JohnsonSupreme Court of the United States · 1984
- David Wayne Baker v. United StatesCourt of Appeals for the Sixth Circuit · 1986
- United States v. Owen Daniel Moore, IIICourt of Appeals for the Sixth Circuit · 2000
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