United States DC Circuit

Defendant's drug distribution sentence is affirmed where the government's refusal to file a motion authorizing the court to sentence defendant below the statutory mandatory minimum sentence did not deny defendant due process because: 1) the government was not required to file an 18 U.S.C. section 3553(e) motion any time it filed a U.S.S.G. section 5K1.1 motion; and 2) it was rational for the government to conclude that, although substantial assistance may have justified substantially reducing defendant's potential sentence, his repeated drug dealing was still sufficiently serious to require a sentence of at least 120 months' incarceration.

Appellate Information

• Decided 12/08/2009
• Published 12/08/2009

Judges

• Before:  ROGERS, GARLAND, and GRIFFITH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Steven R. Kiersh, appointed by the court, was on the briefs for appellant.


• For Appellees:
  
• Roy W. McLeese III, Chrisellen R. Kolb, and Katherine M. Kelly, Assistant U.S. Attorneys, were on the brief for appellee.