United States v. Dominic Lieder , 115 F. App'x 324 ( 2004 )


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  •                      United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 04-1677
    ___________
    United States of America,            *
    *
    Plaintiff-Appellee,       *
    * Appeal from the United States
    v.                              * District Court for the
    * District of Minnesota.
    Dominic William Lieder,              *
    *     [UNPUBLISHED]
    Defendant-Appellant.      *
    ___________
    Submitted: December 13, 2004
    Filed: December 20, 2004
    ___________
    Before WOLLMAN, LAY, and COLLOTON, Circuit Judges.
    ___________
    PER CURIAM.
    Defendant Dominic Lieder was a member of a drug ring. He was arrested after
    he sold methamphetamine to an undercover law enforcement officer. Lieder provided
    substantial assistance to law enforcement both before and after pleading guilty to the
    offense of aiding and abetting in distribution of methamphetamine. At the sentencing
    hearing, the Government moved for a downward departure of Lieder’s sentence based
    on his substantial assistance. See United States Sentencing Guidelines § 5K1.1.
    Accordingly, the district court reduced Lieder’s sentence from the recommended
    guideline range of 108-135 months to 57 months.
    Lieder now appeals his sentence, arguing that the district court abused its
    discretion in failing to depart downward more than 57 months. It is well-settled that
    a challenge to the sheer amount of a downward departure based on substantial
    assistance is not cognizable on appeal. See United States v. Williams, 
    324 F.3d 1049
    ,
    1050 (8th Cir. 2003); United States v. McCarthy, 
    97 F.3d 1562
    , 1576-77 (8th Cir.
    1996). The only exception to this rule is when the district court refuses to depart
    downward on the basis of bad faith or an unconstitutional motive. 
    McCarthy, 97 F.3d at 1578
    . Since Lieder does not allege this exception, his appeal is summarily denied.
    Accordingly, we deny the appeal for lack of jurisdiction.
    ______________________________
    -2-
    

Document Info

Docket Number: 04-1677

Citation Numbers: 115 F. App'x 324

Judges: Wollman, Lay, Colloton

Filed Date: 12/20/2004

Precedential Status: Non-Precedential

Modified Date: 11/5/2024