USA v. Tony Gastineau

1The Honorable Richard G. Kopf, United States District Judge for the District
of Nebraska.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 05-4417
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* District of Nebraska.
Todd L. Parde, *
* [UNPUBLISHED]
Appellant. *
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Submitted: February 14, 2007
Filed: February 22, 2007
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Before RILEY, MAGILL, and MELLOY, Circuit Judges.
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PER CURIAM.
Todd L. Parde (Parde) pled guilty to conspiring to distribute and possess with
intent to distribute 500 grams or more of methamphetamine mixture, in violation of
21 U.S.C. § 846. The district court 1 sentenced him to the statutory minimum term of
120 months’ imprisonment and five years’ supervised release. On appeal, Parde
argues the district court erred by denying his downward-departure motion under
U.S.S.G. § 5K2.13. However, the district court was without authority to sentence him
below the statutory minimum because the government did not file a substantial-

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assistance motion under 18 U.S.C. § 3553(e) and he was not eligible for safety-valve
relief under 18 U.S.C. § 3553(f). See United States v. Chacon, 330 F.3d 1065, 1066
(8th Cir. 2003). Accordingly, we affirm the judgment of the district court.
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