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.
Submitted October 16, 2009
Decided December 8, 2009
Opinion by Judge Garland
Steven R. Kiersh, Washington, DC
Roy W. McLeese III, Chrisellen R. Kolb, and Katherine M. Kelly, Assistant U.S. Attorneys, Washington, DC