United States v. Yamil Rivera-Kader

399 F. App'x 146

• Court: Court of Appeals for the Eighth Circuit
• Decided: October 29, 2010
• Docket: 10-2628
• Status: Unpublished

Opinion

PER CURIAM.

Yamil Rivera-Kader appeals the district court’s 1 order denying his petition for a writ of mandamus to compel the government to file a Federal Rule of Criminal Procedure 35(b) motion to reduce his sentence for substantial assistance.

The district court did not abuse its discretion: among other reasons, Rivera-Ka-der failed to establish that he had a clear and indisputable right to a Rule 35(b) motion because his plea agreement reserved to the government the discretion whether to file such a motion. See In re MidAmerican Energy Co., 286 F.3d 483, 486 (8th Cir.2002) (per curiam) (standard of review); In re SDDS, Inc., 97 F.3d 1030, 1034 (8th Cir.1996). Accordingly, we affirm. See 8th Cir. R. 47B.

1 . The HONORABLE LAURIE SMITH CAMP, United States District Judge for the District of Nebraska.