United States v. Dexter Dixon

553 F. App'x 304

• Court: Court of Appeals for the Fourth Circuit
• Decided: January 28, 2014
• Docket: 13-7875
• Status: Unpublished

Opinion

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.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, 112 S.Ct. 1840, 118 L.Ed.2d 524 (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.