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U.S. v. COURTOIS

No. 96-5105.

131 F.3d 937 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Donald COURTOIS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 11, 1997.

Attorney(s) appearing for the Case

Michael G. Katz, Federal Public Defender, Jill M. Wichlens, Assistant Federal Public Defender, Denver, CO, for Defendant-Appellant.

Stephen C. Lewis, United States Attorney, Allen J. Litchfield, Assistant United States Attorney, Tulsa, OK, for Plaintiff-Appellee.

Before PORFILIO and LUCERO, Circuit Judges, and MARTEN, District Judge.

LUCERO, Circuit Judge.

We are required in this sentence appeal to decide whether the use of language by the United States in a plea agreement stating that "the discretion [to file a downward departure motion for substantial assistance] rests solely with the government" requires that the government give defendant the opportunity to provide substantial assistance.1 Because we conclude that the specific language of the agreement at issue...

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