United States v. Otho Leonard Rater

*
The Honorable Richard H. Kyle, United States District Judge for the District
of Minnesota.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 03-2668
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United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the District
v. * of Minnesota.
*
Christopher Paul Giles, * [UNPUBLISHED]
*
Appellant. *
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Submitted: April 1, 2004
Filed: April 8, 2004
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Before MORRIS SHEPPARD ARNOLD, FAGG, and SMITH, Circuit Judges.
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PER CURIAM.
Christopher Paul Giles pleaded guilty to possessing with intent to distribute
more than 500 grams of methamphetamine mixture, in violation of 21 U.S.C.
§ 841(a)(1) and (b)(1)(A). The district court * sentenced Giles to 121 months
imprisonment and 5 years supervised release. On appeal, Giles contends the
government acted in bad faith when it refused to file a motion for a substantial-
assistance departure.

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-2-
After careful review, we reject Giles's argument. The plea agreement contained
no provisions for a substantial-assistance departure, see United States v. Barresse,
115 F.3d 610, 612 (8th Cir. 1997), and Giles did not establish the government’s
decision was unconstitutionally motivated or irrational, see Wade v. United States,
504 U.S. 181, 185-86 (1992). We thus affirm the judgment of the district court.
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