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*The Honorable Robert W. Pratt, United States District Judge for the Southern
District of Iowa.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 05-1864
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United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the Southern
v. * District of Iowa.
*
Sonni Natasha Hernandez, * [UNPUBLISHED]
*
Appellant. *
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Submitted: December 7, 2005
Filed: December 12, 2005
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Before ARNOLD, FAGG, and SMITH, Circuit Judges.
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PER CURIAM.
Sonni Natasha Hernandez appeals the 120-month sentence the district court *
imposed after Hernandez pleaded guilty to a drug-conspiracy charge. Hernandez
argues the government acted in bad faith by not filing a motion under 18 U.S.C.
§ 3553(e) for a departure below the mandatory minimum sentence. We conclude
Hernandez failed to make a substantial threshold showing that the government’s
refusal was “irrational, in bad faith, or based on an unconstitutional motive.” See
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United States v. Davis, 397 F.3d 672, 676 (8th Cir. 2005) (quoting Wade v. United
States, 504 U.S. 181, 186 (1992)). Accordingly, we affirm.
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