United States v. Michael Wayne Mucker ( 1998 )


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  •                     United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 98-1167
    ___________
    United States of America,                *
    *
    Appellee,                   *
    * Appeal from the United States
    v.                                 * District Court for the
    * District of Minnesota.
    Michael Wayne Mucker,                    *    [UNPUBLISHED]
    *
    Appellant.                  *
    ___________
    Submitted: July 1, 1998
    Filed: July 7, 1998
    ___________
    Before BOWMAN, Chief Judge, WOLLMAN, and MORRIS SHEPPARD ARNOLD,
    Circuit Judges.
    ___________
    PER CURIAM.
    Michael Wayne Mucker appeals the sentence imposed after he pleaded guilty
    to possessing crack cocaine with intent to distribute, in violation of 21 U.S.C.
    § 841(a)(1) (1994). We affirm.
    Mucker entered into a written plea agreement whereby he agreed to cooperate
    by providing information and testimony concerning his and others& drug activities and
    the government agreed to move under 18 U.S.C. § 3553(e) (1994) for a substantial-
    assistance departure below the five-year statutory minimum sentence. The agreement
    contemplated a Guidelines imprisonment range of 46 to 57 months. The district court1
    accepted Mucker&s plea, granted the government&s section 3553(e) motion, denied
    Mucker&s request for a further departure under U.S. Sentencing Guidelines Manual
    § 5K1.1, p.s. (1997), and sentenced Mucker to 46 months’ imprisonment and four
    years’ supervised release.
    Mucker attacks the government&s refusal to make a section 5K1.1 departure
    motion. We agree with the government that Mucker has failed to make a substantial
    showing that the government’s refusal to make such a motion was based upon an
    unconstitutional motive or that it was irrational. See Wade v. United States, 
    504 U.S. 181
    , 185-86 (1992); United States v. Lewis, 
    3 F.3d 252
    , 255 (8th Cir. 1993) (per
    curiam).
    The judgment is affirmed.
    A true copy.
    Attest:
    CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
    1
    The Honorable Richard H. Kyle, United States District Judge for the District of
    Minnesota.
    -2-
    

Document Info

Docket Number: 98-1167

Filed Date: 7/7/1998

Precedential Status: Non-Precedential

Modified Date: 4/18/2021