United States v. Yamil Rivera-Kader
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 * Yamil Rivera-Kader, also known as * [UNPUBLISHED] Llamil Kader, * * Appellant.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.
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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