IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-31012
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
TIMMIE FORD,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 97-CR-50040-ALL
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April 11, 2002
Before SMITH, DeMOSS, and PARKER, Circuit Judges.
PER CURIAM:*
Timmie Ford, now federal prisoner #09615-035, appeals the
district court’s denial of his FED. R. CRIM. P. 35(b) motion for
reduction of sentence. Ford pleaded guilty to crack cocaine
distribution. In its plea agreement with Ford, the Government
retained the discretion to file a motion for reduction of
sentence. Ford asserts that he provided substantial assistance
to the Government in another prosecution and that the Government
should have filed a motion for reduction of his sentence. As the
district court noted, re-sentencing pursuant to Rule 35(b) is
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 01-31012
-2-
allowed only on the Government’s motion. See United States v.
Early, 27 F.3d 140, 141 (5th Cir. 1994). Even if the Government
had agreed to file a Rule 35(b) motion, Ford’s arguments are
vague and are not the “substantial threshold showing” of
unconstitutional motivation that is required before the district
court can consider a defendant’s Rule 35(b) motion. See United
States v. Sneed, 63 F.3d 381, 389 n.6 (5th Cir. 1995).
Therefore, the judgment of the district court denying Ford’s
Rule 35(b) motion is AFFIRMED.