United States v. Dexter Dixon ( 2014 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-7875
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DEXTER ANTONIO DIXON,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Greenville. Louise W. Flanagan,
District Judge. (4:09-cr-00051-FL-1)
Submitted: January 23, 2014 Decided: January 28, 2014
Before WILKINSON and DIAZ, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Dexter Antonio Dixon, Appellant Pro Se. Jane J. Jackson,
Assistant United States Attorney, Raleigh, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Dexter Antonio Dixon appeals the district court’s
order denying his motion to compel the Government to file a
motion for sentence reduction under Fed. R. Crim. P. 35(b).
We affirm.
It is well-settled that whether to file a Rule 35(b)
motion is a matter left to the Government’s discretion. Fed. R.
Crim. P. 35(b); United States v. Dixon, 998 F.2d 228, 230
(4th Cir. 1993). Here, the Government found Dixon’s assistance
insufficient to merit such a motion, and Dixon has failed to
show that the Government obligated itself to move for the
reduction as he asserts or that the Government’s refusal to move
for the reduction was based on an unconstitutional motive.
Wade v. United States, 504 U.S. 181, 185-86 (1992).
Accordingly, we affirm the district court’s order
denying Dixon’s motion to compel. 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
2