United States v. Miguel Angel Chavez

1The HONORABLE LAURIE SMITH CAMP, United States District Judge for
the District of Nebraska.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 10-2628
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United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the
v. * District of Nebraska.
*
Yamil Rivera-Kader, also known as * [UNPUBLISHED]
Llamil Kader, *
*
Appellant. *
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Submitted: October 28, 2010
Filed: October 29, 2010
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Before LOKEN, MURPHY, and BENTON, Circuit Judges.
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PER CURIAM.
Yamil Rivera-Kader appeals the district court’s 1 order denying his petition for
a writ of mandamus to compel the government to file a Federal Rule of Criminal
Procedure 35(b) motion to reduce his sentence for substantial assistance.
The district court did not abuse its discretion: among other reasons, Rivera-
Kader failed to establish that he had a clear and indisputable right to a Rule 35(b)

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motion because his plea agreement reserved to the government the discretion whether
to file such a motion. See In re MidAmerican Energy Co., 286 F.3d 483, 486 (8th Cir.
2002) (per curiam) (standard of review); In re SDDS, Inc., 97 F.3d 1030, 1034 (8th
Cir. 1996). Accordingly, we affirm. See 8th Cir. R. 47B.
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