Public-domain · open source
OpenJurist

52 F.3d 331

Docket No. 94-3706MN

United States v. Samuel Lee Anderson

Eighth Circuit Court of Appeals

Submitted: Apr. 11, 1995 Filed: Apr. 27, 1995

Eighth Circuit Court of Appeals · decided 1995-04-11

Cited by 24 later decisions — most recently August 2004

24 federal appellate ·

Relies on United States v. Clary · United States v. Kelly · United States v. Wheeler

Good law ✅— No negative treatment on recordhow we know

Opinion by Per Curiam · Decided 1995-04-11

View the full empirical analysis of this case →

NOTICE: Eighth Circuit Rule 28A(k) governs citation of unpublished opinions and provides that no party may cite an opinion not intended for publication unless the cases are related by identity between the parties or the causes of action.

Before FAGG, MAGILL, and BEAM, Circuit Judges.

PER CURIAM.

¶1

After pleading guilty to a drug-related offense, Pluria Rice appeals her guidelines sentence. Rice contends she was entitled to an order compelling the Government to move for a substantial assistance departure. We disagree. Rice did not show the Government breached the written plea agreement or unconstitutionally withheld the motion. See United States v. Kelly, 18 F.3d 612, 617-18 (8th Cir. 1994). Rice's remaining arguments are foreclosed by the court's contrary holdings in United States v. Wheeler, 972 F.2d 927, 929 (8th Cir. 1992), and United States v. Clary, 34 F.3d 709, 713-14 (8th Cir. 1994), cert. denied, 115 S. Ct. 1172 (1995). We affirm.

/52/f3d/331 · .json · Public domain