United States v. James Alan Pamperin
Court of Appeals for the Eighth Circuit
1Opinion of the Court
BYE, Circuit Judge.
James Alan Pamperin appeals his sentence arguing the district court 1 erred in denying his motion to compel a government motion for a downward departure pursuant to 18 U.S.C. § 3553(e). We affirm.
I
Pamperin pleaded guilty without agreement to various violations of federal narcotics law and other associated offenses. Subsequent to entering the plea, Pamperin entered into a post-plea agreement with the government. Under the terms of the agreement, the government retained sole discretion to move for a downward departure under 18 U.S.C. § 3553(e) for each count independently.
At…
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