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U.S. v. LUKSE

Nos. 00-6054, 00-6077.

286 F.3d 906 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Scott LUKSE, also known as Scott Luxley (00-6054); Joshua Hight (00-6077), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 17, 2002.

Attorney(s) appearing for the Case

Dan R. Smith (argued and briefed), Assistant United States Attorney, Johnson City, TN, for U.S.

Edward A. Fiorella, Jr. (argued and briefed), Morrison & Fiorella, Charlotte, NC, for Scott Lukse.

Charles I. Poole (argued and briefed), Charles Poole & Associates, Sevierville, TN, for Joshua Hight.

Before: KEITH and COLE, Circuit Judges; MARBLEY, District Judge.

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...

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