United States of America, Appellee, v. Pluria Rice, Appellant, 52 F.3d 331 (8th Cir. 1995)

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.