United States v. Keith Joines

554 F. App'x 212

• Court: Court of Appeals for the Fourth Circuit
• Decided: February 11, 2014
• Docket: 13-7446
• Status: Unpublished

Opinion

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Keith Eugene Joines appeals the district court’s text order denying his motion to compel the government to file a motion under Fed.R.Crim.P. 35(b). We have reviewed the record and find no reversible error. Here, the government satisfied its obligations under the plea agreement with Joines by moving for a downward departure at sentencing. The plea agreement does not further obligate the government to file an additional motion for a reduction in sentence under Fed.R.Crim.P. 35. Moreover, there is no evidence in the record suggesting that the government’s failure to make such a motion was based on an unconstitutional motive. See Wade v. United States, 504 U.S. 181, 185-86, 112 S.Ct. 1840, 118 L.Ed.2d 524 (1992); United States v. Wallace, 22 F.3d 84, 87 (4th Cir.1994). Accordingly, we affirm the district court’s order. United States v. Joines, No. 4:08-cr-00746-TLW-2 (D.S.C. Aug. 19, 2013). 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.