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- NOTICE: This opinion is subject to formal revision before publication in the
- preliminary print of the United States Reports. Readers are requested to
- notify the Reporter of Decisions, Supreme Court of the United States, Wash-
- ington, D.C. 20543, of any typographical or other formal errors, in order that
- corrections may be made before the preliminary print goes to press.
- SUPREME COURT OF THE UNITED STATES
- --------
- No. 91-5771
- --------
- HAROLD RAY WADE, PETITIONER v.
- UNITED STATES
- on writ of certiorari to the united states court of
- appeals for the fourth circuit
- [May 18, 1992]
-
- Justice Souter delivered the opinion of the Court.
- Section 3553(e) of Title 18 of the United States Code
- empowers district courts, -[u]pon motion of the Govern-
- ment,- to impose a sentence below the statutory minimum
- to reflect a defendant's -substantial assistance in the
- investigation or prosecution of another person who has
- committed an offense.- Similarly, 5K1.1 of the United
- States Sentencing Commission, Guidelines Manual (Nov.
- 1991) (USSG) permits district courts to go below the
- minimum required under the Guidelines if the Government
- files a -substantial assistance- motion. This case presents
- the question whether district courts may subject the
- Government's refusal to file such a motion to review for
- constitutional violations. We hold that they may, but that
- the petitioner has raised no claim to such review.
- On October 30, 1989, police searched the house of the
- petitioner, Harold Ray Wade, Jr., discovered 978 grams of
- cocaine, two handguns and more than $22,000 in cash, and
- arrested Wade. In the aftermath of the search, Wade gave
- law enforcement officials information that led them to
- arrest another drug dealer. In due course, a federal grand
- jury indicted Wade for distributing cocaine and possessing
- cocaine with intent to distribute it, both in violation of 21
- U. S. C. 841(a)(1); for conspiring to do these things, in
- violation of 21 U. S. C. 846; and for using or carrying a
- firearm during and in relation to a drug crime, in violation
- of 18 U. S. C. 924(c)(1). Wade pleaded guilty to all four
- counts.
- The presentence report put the sentencing range under
- the Sentencing Guidelines for the drug offenses at 97-121
- months, but added that Wade was subject to a 10-year
- mandatory minimum sentence, 21 U. S. C. 841
- (b)(1)(B), narrowing the actual range to 120-121 months,
- see USSG 5G1.1(c)(2). The report also stated that both
- Guideline 2K2.4(a) and 18 U. S. C. 924(c) required a
- 5-year sentence on the gun count. At the sentencing
- hearing in the District Court, Wade's lawyer urged the
- court to impose a sentence below the 10-year minimum for
- the drug counts to reward Wade for his assistance to the
- Government. The court responded that the Government
- had filed no motion as contemplated in 18 U. S. C. 3553(e)
- and USSG 5K1.1 for sentencing below the minimum, and
- ruled that, without such a motion, a court had no power to
- go beneath the minimum. Wade got a sentence of 180
- months in prison.
- In the United States Court of Appeals for the Fourth
- Circuit, Wade argued the District Court was in error to say
- that the absence of a Government motion deprived it of
- authority to impose a sentence below 10 years for the drug
- convictions. Wade lost this argument, 936 F. 2d 169, 171
- (1991), and failed as well on his back-up claim that the
- District Court was at least authorized to enquire into the
- Government's motives for filing no motion, the court saying
- that any such enquiry would intrude unduly upon a
- prosecutor's discretion, id., at 172. We granted certiorari,
- 502 U. S. ____ (1991), and now affirm.
- The full text of 3553(e) is this:
- -Limited Authority to Impose a Sentence Below a
- Statutory Minimum. - Upon motion of the Govern-
- ment, the court shall have the authority to impose a
- sentence below a level established by statute as
- minimum sentence so as to reflect a defendant's
- substantial assistance in the investigation or prosecu-
- tion of another person who has committed an offense.
- Such sentence shall be imposed in accordance with the
- guidelines and policy statements issued by the Sentenc-
- ing Commission pursuant to section 994 of title 28,
- United States Code.- 18 U. S. C. 3553(e).
- And this is the relevant portion of 5K1.1:
- ``Substantial Assistance to Authorities (Policy State-
- ment)
- ``Upon motion of the government stating that the
- defendant has provided substantial assistance in the
- investigation or prosecution of another person who has
- committed an offense, the court may depart from the
- guidelines.'' USSG 5K1.1.
- Because Wade violated federal criminal statutes that
- carry mandatory minimum sentences, this case implicates
- both 18 U. S. C. 3553(e) and USSG 5K1.1. Wade and
- the Government apparently assume that where, as here,
- the minimum under the Guidelines is the same as the
- statutory minimum and the Government has refused to file
- any motion at all, the two provisions pose identical and
- equally burdensome obstacles. See Brief for Petitioner 9,
- n. 2; Brief for United States 11, n. 2. We are not, therefore,
- called upon to decide whether 5K1.1 -implements- and
- thereby supersedes 3553(e), see United States v. Ah-Kai,
- 951 F. 2d 490, 493-494 (CA2 1991); United States v. Keene,
- 933 F. 2d 711, 713-714 (CA9 1991), or whether the two
- provisions pose two separate obstacles, see United States v.
- Rodriguez-Morales, 958 F. 2d 1441, ____-____ (CA8 1992).
- Wade concedes, as a matter of statutory interpretation,
- that 3553(e) imposes the condition of a Government
- motion upon the district court's authority to depart, Brief
- for Petitioner 9-10, and he does not argue otherwise with
- respect to 5K1.1. He does not claim that the Government-
- motion requirement is itself unconstitutional, or that the
- condition is superseded in this case by any agreement on
- the Government's behalf to file a substantial-assistance
- motion, cf. Santobello v. New York, 404 U. S. 257, 262-263
- (1971); United States v. Conner, 930 F. 2d 1073, 1075-1077
- (CA4), cert. denied, 502 U. S. ____ (1991). Wade's position
- is consistent with the view, which we think is clearly
- correct, that in both 3553(e) and 5K1.1 the condition
- limiting the court's authority gives the Government a
- power, not a duty, to file a motion when a defendant has
- substantially assisted.
- Wade nonetheless argues, and again we agree, that a
- prosecutor's discretion when exercising that power is
- subject to constitutional limitations that district courts can
- enforce. Because we see no reason why courts should treat
- a prosecutor's refusal to file a substantial-assistance motion
- differently from a prosecutor's other decisions, see, e.g.,
- Wayte v. United States, 470 U. S. 598, 608-609 (1985), we
- hold that federal district courts have authority to review a
- prosecutor's refusal to file a substantial-assistance motion
- and to grant a remedy if they find that the refusal was
- based on an unconstitutional motive. Thus, a defendant
- would be entitled to relief if a prosecutor refused to file a
- substantial-assistance motion, say, because of the defen-
- dant's race or religion.
- It follows that a claim that a defendant merely provided
- substantial assistance will not entitle a defendant to a
- remedy or even to discovery or an evidentiary hearing. Nor
- would additional but generalized allegations of improper
- motive. See, e.g., United States v. Redondo-Lemos, 955 F.
- 2d 1296, 1302-1303 (CA9 1992); United States v. Jacob, 781
- F. 2d 643, 646-647 (CA8 1986); United States v. Gallegos-
- Curiel, 681 F. 2d 1164, 1169 (CA9 1982) (Kennedy, J.);
- United States v. Berrios, 501 F. 2d 1207, 1211 (CA2 1974).
- Indeed, Wade concedes that a defendant has no right to
- discovery or an evidentiary hearing unless he makes a
- "substantial threshold showing." Brief for Petitioner 26.
- Wade has failed to make one. He has never alleged,
- much less claimed to have evidence tending to show, that
- the Government refused to file a motion for suspect reasons
- such as his race or his religion. Instead, Wade argues now
- that the District Court thwarted his attempt to make quite
- different allegations on the record because it erroneously
- believed that no charge of impermissible motive could state
- a claim for relief. Hence, he now seeks an order of remand
- to allow him to develop a claim that the Government
- violated his constitutional rights by withholding a substan-
- tial-assistance motion -arbitrarily- or -in bad faith.- See
- Brief for Petitioner 25. This, Wade says, the Government
- did by refusing to move because of -factors that are not
- rationally related to any legitimate state objective,- see
- Reply Brief for Petitioner 4, although he does not specifical-
- ly identify any such factors.
- As the Government concedes, see Brief for United States
- 26 (citing New Orleans v. Dukes, 427 U. S. 297, 303 (1976)
- (per curiam)), Wade would be entitled to relief if the
- prosecutor's refusal to move was not rationally related to
- any legitimate Government end, cf. Chapman v. United
- States, 500 U. S. ____, ____-____ (1991), but his argument
- is still of no avail. This is so because the record shows no
- support for his claim of frustration in trying to plead an
- adequate claim, and because his claim as presented to the
- District Court failed to rise to the level warranting judicial
- enquiry. The District Court expressly invited Wade's
- lawyer to state for the record what evidence he would
- introduce to support his position if the court were to
- conduct a hearing on the issue. App. 10. In response, his
- counsel merely explained the extent of Wade's assistance to
- the Government. Ibid. This, of course, was not enough, for
- although a showing of assistance is a necessary condition
- for relief, it is not a sufficient one. The Government's
- decision not to move may have been based not on a failure
- to acknowledge or appreciate Wade's help, but simply on its
- rational assessment of the cost and benefit that would flow
- from moving. Cf. United States v. Doe, 290 U.S. App. D.C.
- 65, 70, 934 F. 2d 353, 358, cert. denied, 502 U. S. ____
- (1991); United States v. La Guardia, 902 F. 2d 1010, 1016
- (CA1 1990).
- It is clear, then, that, on the present record, Wade is
- entitled to no relief, and that the judgment of the Court of
- Appeals must be
- Affirmed.
-