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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 05-1864 ___________ United States of America, * * Appellee, * Appeal from the United States * District Court for the Southern v. * District of Iowa. * Sonni Natasha Hernandez, * [UNPUBLISHED] * Appellant. * ___________ Submitted: December 7, 2005 Filed: December 12, 2005 ___________ Before ARNOLD, FAGG, and SMITH, Circuit Judges. ___________ PER CURIAM. Sonni Natasha Hernandez appeals the 120-month sentence the district court* imposed after Hernandez pleaded guilty to a drug-conspiracy charge. Hernandez argues the government acted in bad faith by not filing a motion under
18 U.S.C. § 3553(e) for a departure below the mandatory minimum sentence. We conclude Hernandez failed to make a substantial threshold showing that the government’s refusal was “irrational, in bad faith, or based on an unconstitutional motive.” See * The Honorable Robert W. Pratt, United States District Judge for the Southern District of Iowa. United States v. Davis,
397 F.3d 672, 676 (8th Cir. 2005) (quoting Wade v. United States,
504 U.S. 181, 186 (1992)). Accordingly, we affirm. ______________________________ -2-
Document Info
Docket Number: 05-1864
Citation Numbers: 155 F. App'x 252
Judges: Arnold, Fagg, Per Curiam, Smith
Filed Date: 12/12/2005
Precedential Status: Non-Precedential
Modified Date: 11/5/2024