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SMITH v. UNITED STATES

No. 80-9076 Non-Argument Calendar.

670 F.2d 145 (1982)

Hugh Don SMITH, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 8, 1982.

Attorney(s) appearing for the Case

Hugh Don Smith, pro se.

James E. Baker, U. S. Atty., Chief, Criminal Div., Atlanta, Ga., for defendant-appellee.

Before RONEY, KRAVITCH and CLARK, Circuit Judges.

KRAVITCH, Circuit Judge:

Appellant filed a motion to have his sentence vacated under 28 U.S.C. § 22551 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...

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