United States of America v. Keith Eugene Joines, a/k/a Turbine

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-7446
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
KEITH EUGENE JOINES, a/k/a Turbine,
Defendant – Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Florence. Terry L. Wooten, Chief District
Judge. (4:08-cr-00746-TLW-2)
Submitted: January 27, 2014 Decided: February 11, 2014
Before DUNCAN, KEENAN, and DIAZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Keith Eugene Joines, Appellant Pro Se. Arthur Bradley Parham,
Assistant United States Attorney, Florence, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Keith Eugene Joines appeals the district court’s text
order denying his motion to compel the government to file a
motion under Fed. R. Crim. P. 35(b). We have reviewed the
record and find no reversible error. Here, the government
satisfied its obligations under the plea agreement with Joines
by moving for a downward departure at sentencing. The plea
agreement does not further obligate the government to file an
additional motion for a reduction in sentence under Fed. R.
Crim. P. 35. Moreover, there is no evidence in the record
suggesting that the government’s failure to make such a motion
was based on an unconstitutional motive. See Wade v. United
States, 504 U.S. 181, 185-86 (1992); United States v. Wallace,
22 F.3d 84, 87 (4th Cir. 1994). Accordingly, we affirm the
district court’s order. United States v. Joines, No. 4:08-cr-
00746-TLW-2 (D.S.C. Aug. 19, 2013). We dispense with oral
argument because the facts and legal contentions are adequately
presented in the materials before this Court and argument would
not aid the decisional process.
AFFIRMED

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