Nery G. Ventura v. Dept. of Homeland

*The Honorable William R. Wilson, Jr., United States District Judge for the
Eastern District of Arkansas.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 05-1866
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United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the Eastern
v. * District of Arkansas.
*
Cecil Eugene Schultz, Sr., * [UNPUBLISHED]
*
Appellant. *
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Submitted: December 19, 2005
Filed: December 21, 2005
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Before ARNOLD, FAGG, and SMITH, Circuit Judges.
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PER CURIAM.
Cecil Eugene Schultz, Sr. appeals the 120-month sentence the district court *
imposed after Schultz pleaded guilty to a drug-conspiracy charge. Shultz argues an
evidentiary hearing is necessary to determine if his coconspirators had indeed pleaded
guilty when the government denied him an opportunity to earn a substantial-assistance
reduction by providing information. We conclude Schultz failed to make a substantial
threshold showing that the government’s refusal was “irrational, in bad faith, or based
on an unconstitutional motive.” See United States v. Davis, 397 F.3d 672, 676 (8th

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Cir. 2005) (per curiam) (quoting United States v. Lincona-Lopez, 163 F.3d 1040,
1042) (1998)). Accordingly, we affirm.
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