United States v. Todd L. Parde

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 05-4417
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* District of Nebraska.
Todd L. Parde, *
* [UNPUBLISHED]
Appellant. *
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Submitted: February 14, 2007
Filed: February 22, 2007
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Before RILEY, MAGILL, and MELLOY, Circuit Judges.
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PER CURIAM.
Todd L. Parde (Parde) pled guilty to conspiring to distribute and possess with
intent to distribute 500 grams or more of methamphetamine mixture, in violation of
21 U.S.C. § 846. The district court1 sentenced him to the statutory minimum term of
120 months’ imprisonment and five years’ supervised release. On appeal, Parde
argues the district court erred by denying his downward-departure motion under
U.S.S.G. § 5K2.13. However, the district court was without authority to sentence him
below the statutory minimum because the government did not file a substantial-
1
The Honorable Richard G. Kopf, United States District Judge for the District
of Nebraska.
assistance motion under 18 U.S.C. § 3553(e) and he was not eligible for safety-valve
relief under 18 U.S.C. § 3553(f). See United States v. Chacon, 330 F.3d 1065, 1066
(8th Cir. 2003). Accordingly, we affirm the judgment of the district court.
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