United States v. Sonni Hernandez

155 F. App'x 252

• Court: Court of Appeals for the Eighth Circuit
• Decided: December 12, 2005
• Docket: 05-1864
• Status: Unpublished

Opinion

[UNPUBLISHED]

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 United States v. Davis, 397 F.3d 672, 676 (8th Cir.2005) (quoting Wade v. United States, 504 U.S. 181, 186, 112 S.Ct. 1840, 118 L.Ed.2d 524 (1992)). Accordingly, we affirm.

* The Honorable Robert W. Pratt, United States District Judge for the Southern District of Iowa.