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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- WADE v. UNITED STATES
- certiorari to the united states court of appeals for
- the fourth circuit
- No. 91-5771. Argued March 23, 1992-Decided May 18, 1992
-
- After his arrest on, inter alia, federal drug charges, petitioner Wade
- gave law enforcement officials information that led them to arrest
- another drug dealer. Subsequently, he pleaded guilty to the charges,
- and the District Court sentenced him to the 10-year minimum
- sentence required by 21 U.S.C. 841(b)(1)(B) and the United States
- Sentencing Commission, Guidelines Manual (USSG). The court
- refused Wade's request that his sentence be reduced below the
- minimum to reward him for his substantial assistance to the Govern-
- ment, holding that 18 U.S.C. 3553(e) and USSG 5K1.1 empower
- the district courts to make such a reduction only if the Government
- files a motion requesting the departure. The Court of Appeals
- affirmed, rejecting Wade's arguments that the District Court erred in
- holding that the absence of a Government motion deprived it of the
- authority to reduce his sentence and that the lower court was
- authorized to enquire into the Government's motives for failing to file
- a motion.
- Held:
- 1.Federal district courts have the authority to review the Govern-
- ment'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. Since the parties assume that the statutory and Guidelines
- provisions pose identical and equally burdensome obstacles, this
- Court is not required to decide whether 5K1.1 ``implements'' and
- thereby supersedes 3553(e) or whether the provisions pose separate
- obstacles. In both provisions, the condition limiting the court's
- authority gives the Government a power, not a duty, to file a sub-
- stantial-assistance motion. Nonetheless, a prosecutor's discretion
- when exercising that power is subject to constitutional limitations
- that district courts can enforce. Thus, a defendant would be entitled
- to relief if the prosecution refused to file a motion for a suspect
- reason such as the defendant's race or religion. However, neither a
- claim that a defendant merely provided substantial assistance nor
- additional but generalized allegations of improper motive will entitle
- a defendant to a remedy or even to discovery or an evidentiary
- hearing. A defendant has a right to the latter procedures only if he
- makes a substantial threshold showing of improper motive. Pp.3-4.
- 2.Wade has failed to raise a claim of improper motive. He has
- never alleged or pointed to evidence tending to show that the Govern-
- ment refused to file a motion for suspect reasons. And he argues to
- no avail that, because the District Court erroneously believed that no
- impermissible motive charge could state a claim for relief, it thwarted
- his attempt to show that the Government violated his constitutional
- rights by withholding the motion arbitrarily or in bad faith. While
- Wade would be entitled to relief if the prosecutor's refusal to move
- was not rationally related to any legitimate Government end, the
- record here shows no support for his claim of frustration, and the
- claim as presented to the District Court failed to rise to the level
- warranting judicial enquiry. In response to the court's invitation to
- state what evidence he would introduce to support his claim, Wade
- merely explained the extent of his assistance to the Government.
- This is a necessary, but not a sufficient, condition for relief, because
- the Government's decision not to move may have been based simply
- on its rational assessment of the cost and benefit that would flow
- from moving. Pp.5-6.
- 936 F.2d 169, affirmed.
-
- Souter, J., delivered the opinion for a unanimous Court.
-