Rossi has not shown that the government acted in bad faith or that his counsel was ineffective. Accordingly, his motion to vacate, alter or amend sentence must be denied. An order accompanies this memorandum. Because Rossi has not made a substantial showing of denial of a constitutional right, a certificate of appealability is inappropriate. Edmund V. Ludwig, J. 1.
Defendant agrees to provide truthful, complete, and accurate information and testimony.
Defendant agrees to provide all information concerning his knowledge of, and participation in, odometer fraud and any other crimes about which he has knowledge. Defendant agrees to testify as a witness before any grand jury, hearing, or trial when called upon to do so by the government. Defendant agrees to hold himself reasonably available for any interviews the government may request. If the government, in its sole discretion, determines that the defendant has provided substantial assistance in investigation or prosecution of another person who has committed an offense, the government will make a motion to allow the Court to depart from the Sentencing Guidelines pursuant to Sentencing Guideline 5K1.1. Plea Agreement at 2, 4-6.