Appeal from the United States District Court
for the Eastern District of Tennessee of Chattanooga.
No. 1:18-cr-00016-1—Harry S. Mattice, Jr., District Judge.
Argued: January 27, 2021
Decided and Filed: April 20, 2021
Before: BOGGS, SUTTON, and NALBANDIAN, Circuit Judges.
NALBANDIAN, Circuit Judge. The government charged Rebecca Stampe and Michael
Loden with conspiring to distribute at least 500 grams of methamphetamine. Stampe pled guilty
and agreed to cooperate with the government in its case against Loden. Loden did not plead guilty.
Before Stampe’s sentencing and Loden’s trial, however, the government dropped Loden’s case
after “discover[ing] circumstances apart from evidence of . . . guilt which prevent[ed] . . . moving
forward.” (R. 71, PageID 289.)
The government told Stampe that Loden’s dismissal did not affect its case against her, even
though they were co-conspirators, and the dismissal related to inappropriate conduct by a
confidential informant. Unsatisfied with that answer, Stampe made two motions. First, she moved
the district court to compel the government to disclose the information that led to the dismissal of
her co-defendant’s conspiracy charge or to review that evidence in camera. Second, she moved
to withdraw from her plea agreement, which she says was premised in part on her ability to testify
against Loden in exchange for a more lenient sentencing recommendation from the government.
Relying on government representations both that the informant’s misconduct happened
after Stampe’s arrest and that the government had complied with disclosure obligations, the district
court denied Stampe’s motion for production or review. It also denied her motion to withdraw
from her plea agreement. We AFFIRM.