United States v. Yamil Rivera-Kader

Filing 920101029

Opinion

United States Court of Appeals
FOR THE EIGHTH CIRCUIT

___________ No. 10-2628 ___________ 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 * Yamil Rivera-Kader, also known as * [UNPUBLISHED] Llamil Kader, * * Appellant. * ___________ Submitted: October 28, 2010 Filed: October 29, 2010 ___________ Before LOKEN, MURPHY, and BENTON, Circuit Judges. ___________ PER CURIAM. Yamil Rivera-Kader appeals the district court's1 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, RiveraKader failed to establish that he had a clear and indisputable right to a Rule 35(b)

The HONORABLE LAURIE SMITH CAMP, United States District Judge for the District of Nebraska.

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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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