USA v. Todd L. Parde, No. 05-4417 (8th Cir. 2007)
Annotate this CaseCourt Description: Criminal case - Sentencing. District court did not have authority to sentence defendant below the statutory minimum and did not err in denying his motion for a downward departure under Guidelines Sec. 5K2.13.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 05-4417 ___________ United States of America, Appellee, v. Todd L. Parde, Appellant. * * * * Appeal from the United States * District Court for the * District of Nebraska. * * [UNPUBLISHED] * ___________ Submitted: February 14, 2007 Filed: February 22, 2007 ___________ Before RILEY, MAGILL, and MELLOY, Circuit Judges. ___________ PER CURIAM. Todd L. Parde (Parde) pled guilty to conspiring to distribute and possess with intent to distribute 500 grams or more of methamphetamine mixture, in violation of 21 U.S.C. § 846. The district court1 sentenced him to the statutory minimum term of 120 months imprisonment and five years supervised release. On appeal, Parde argues the district court erred by denying his downward-departure motion under U.S.S.G. § 5K2.13. However, the district court was without authority to sentence him below the statutory minimum because the government did not file a substantial1 The Honorable Richard G. Kopf, United States District Judge for the District of Nebraska. assistance motion under 18 U.S.C. § 3553(e) and he was not eligible for safety-valve relief under 18 U.S.C. § 3553(f). See United States v. Chacon, 330 F.3d 1065, 1066 (8th Cir. 2003). Accordingly, we affirm the judgment of the district court. ______________________________ -2-
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