Federal district courts may review a prosecutor's refusal to file a substantial-assistance motion for constitutional violations, but the government has a power rather than a duty to file such motions.
After a defendant provided substantial assistance to law enforcement, the government refused to file a motion for a downward departure from the mandatory minimum sentence. The defendant challenged the government's refusal, arguing the court should review the prosecutor's decision. The Court holds that while federal district courts have the authority to review a prosecutor's refusal to file a substantial-assistance motion for constitutional violations, a mere claim of substantial assistance does not entitle a defendant to a remedy, discovery, or an evidentiary hearing. Because the defendant failed to make a substantial threshold showing of an unconstitutional motive, he is entitled to no relief.
At page 185 Reviewing prosecutor's refusal to file substantial assistance motion374 citing cases“a power, not a duty, to file a motion when a defendant has substantially assisted.”
- United States v. Guillermo Arango, 966 F.2d 64 (2d Cir. 1992).published (generalized allegations of improper motive” insufficient to require discovery or an evidentiary hearing at sentencing to show prosecutor’s refusal to file a substantial-assistance motion was based on an unconstitutiona…)
- Borja v. United States, No. 8:23-cv-02598 (M.D. Fla. Apr. 24, 2025).See Wade, 504 U.S. at 186 (“[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.”).1 IV.
- United States v. Charles Fears, 71 F.4th 627 (7th Cir. 2023).published([A] defendant would be entitled to relief if a prosecutor refused to file a substantial-assistance motion … because of” “an unconstitutional motive” or if the “refusal … was not rationally related to any legitimate Gov…)
- United States v. Scott W. Rothstein, 939 F.3d 1286 (11th Cir. 2019).published See also Wade, 504 U.S. at 185 , 112 S. Ct. at 1844 (“[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.”) Therefore, the District Cour…
- United States v. Paul Woods, III, No. 18-5059 (6th Cir. May 8, 2019).unpublished ([F]ederal district courts have authority to review a prosecutor’s refusal to file a substantial- assistance motion and to grant a remedy if they find that the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 de…)
- United States v. Ramirez, No. 17-3906 (2d Cir. Nov. 9, 2018).unpublished ([F]ederal 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.)
- United States v. Smith, 574 F.3d 521 (8th Cir. 2009).published See Wade, 504 U.S. at 187 (“The Government’s decision not to move [for a motion] may have been based not on a failure to acknowledge or appreciate [the defendant’s] help, but simply on its rational assessment of the cost and benefit that w…
- United States v. Gates, No. 05-1818 (6th Cir. Aug. 24, 2006).published(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.)
- United States v. James Alan Pamperin, 456 F.3d 822 (8th Cir. 2006).published ([S]o long as the government is exercising the statutory power conferred by [law] and its action is not based on an unconstitutional motive, its refusal to file the motion is unreviewable.)
- In re Sealed Case No. 97-3112, 181 F.3d 128 (D.C. Cir. 1999).published See Wade, 504 U.S. at 187 ("The Government's decision not to move may have been based not on a failure to acknowledge or appreciate [the defendant's] help, but simply on its rational assessment of the cost and benefit that would flow from…
Show 184 more citing cases
- United States v. McKinney, 37 F.3d 1484 (1st Cir. 1994).unpublished(a government motion is a sine qua non to a departure for a defendant's substantial assistance)
- State v. Jackson, 607 A.2d 974 (N.J. 1992).published (a prosecutor's discretion ... is subject to constitutional limitations)
- United States v. Scarpa, 155 F. Supp. 3d 234 (E.D.N.Y. 2016).published Id. at 186 , 112 S.Ct. 1840 (“As the Government concedes, see Brief for United States 26. (citing New Orleans v. Dukes, 427 U.S. 297, 803 , 96 S.Ct. 2513 , 49 L.Ed.2d 511 (1976) (per curiam)), Wade would be entitled to relief if the prosec…
- United States v. Kristopher Adam Gates (05-1818) & Bradley William Conley (05-2006), 461 F.3d 703 (6th Cir. 2006).published (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.)
- United States v. Stanley Jennings, 147 F. App'x 148 (11th Cir. 2005).unpublished (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)
- United States v. Guzman, 38 F. App'x 380 (9th Cir. 2002).unpublished (§ 5K1.1 ... gives the Government a power, not a duty, to file a motion when a defendant has substantially assisted.)
- United States v. Alvarez, 115 F.3d 839 (11th Cir. 1997).published (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.)
- United States v. Roquemore, 934 F. Supp. 1391 (M.D. Ga. 1996).published “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”
- United States v. Theodore Reed Campbell, 995 F.2d 173 (10th Cir. 1993).published “we are not ... called upon to decide whether 5k1.1 'implements' and thereby supersedes 3553(e), or whether the two provisions pose two separate obstacles.”
- United States v. Sealed, No. 25-30592 (5th Cir. Aug. 6, 2026).unpublishedHaving failed to make a threshold showing of unconstitutional motive on behalf of the Government, Appellant’s argument is foreclosed by Wade v. United States, 504 U.S. 181, 185-87 (1992).
- United States v. GONZALEZ, No. 202500333 (N.M.C.C.A. Mar. 6, 2026).published JAMISON Clerk of Court 2 Wade v. United States, 504 U.S. 181, 186 (1992).
- United States v. Eulogio Garces Hurtado, No. 23-13160 (11th Cir. Jan. 14, 2025).unpublished “not rationally related to any legitimate [g]overnment end”
- United States v. Andrew Newburg, No. 24-11354 (11th Cir. Nov. 12, 2024).unpublished(addressing § 5K1.1)
- United States v. Hagin, No. 23-10928 (5th Cir. Sept. 5, 2024).unpublished “The government is under no obligation to file a Rule 35(b) [motion], despite whatever substantial assistance the defendant might give.” United States v. Grant, 493 F.3d 464, 467 (5th Cir. 2007) (citing Wade v. United States, 504 U.S. 181,…
- United States v. Anthony Sanchez, No. 23-13421 (11th Cir. July 22, 2024).unpublished Wade v. United States, 504 U.S. 181, 185 (1992); McNeese, 547 F.3d at 1309 (extending Wade to Rule 35(b) motions).
- United States v. Kendrick Kentrell Patrick, No. 23-10903 (11th Cir. Feb. 8, 2024).unpublished “gives the Government a power, not a duty, to file a motion when a defendant has substantially assisted”
- United States v. Nunley, No. 23-50459 (5th Cir. Jan. 30, 2024).unpublishedTo the extent that he alleged that the Government was deficient for not filing a Rule 35(b) motion requesting a more significant reduction, he has not alleged or shown that the motion was not filed due to an unconstitutional motive, Wade v…
- United States v. Pitt, 49 F.4th 589 (1st Cir. 2022).published One is where the government's decision not to file was based "on some constitutionally impermissible factor (say, race or religion), or is 'not rationally related to [some] legitimate Government end.'" Id. (quoting Wade, 504 U.S. at 185-86…
- United States v. Marcus Watkins, No. 20-14856 (11th Cir. May 25, 2022).unpublished Wade v. United States, 504 U.S. 181, 185 (1992).
- United States v. Bennett Long, No. 19-4192 (4th Cir. Apr. 1, 2022).unpublishedWe may review the prosecutor’s decision not to move for a departure only “if the refusal is based on an unconstitutional motive such as race or religion, or is not rationally related to a permissible government objective.” United States v.…
- United States v. Andrew Holston, 129 F. App'x 563 (11th Cir. 2005).unpublished
- United States v. Bieganowski, No. 00-50859 (5th Cir. Aug. 23, 2001).unpublished
- United States v. Wills, No. 01-50333 (5th Cir. Oct. 16, 2001).unpublished
- United States v. Mack, No. 02-40131 (5th Cir. Oct. 30, 2002).unpublished
- United States v. Cavazos, No. 02-10583 (5th Cir. Dec. 9, 2002).unpublished
- United States v. White, No. 02-60987 (5th Cir. May 14, 2003).unpublished
- United States v. Eddie Dewayne Gilmore, 149 F. App'x 883 (11th Cir. 2005).unpublished
- United States v. William Francis Stamboulides, 147 F. App'x 65 (11th Cir. 2005).unpublished
- United States v. Aaron Davenport, No. 05-11977 (11th Cir. Mar. 15, 2006).unpublished
- United States v. Renard Maurice Nealy, 232 F.3d 825 (11th Cir. 2000).published
- United States v. Webb, No. 99-5189 (10th Cir. Oct. 26, 2000).unpublished
- United States v. McMahon, No. 04-5011 (10th Cir. Jan. 20, 2005).unpublished
- United States v. Beltran, No. 05-8081 (10th Cir. June 21, 2006).unpublished
- United States v. Burrell, No. 98-1291 (1st Cir. July 29, 1999).unpublished
- United States v. Mills, No. 01-2702 (1st Cir. Dec. 31, 2002).published
- United States v. Nelson, No. 00-1422 (1st Cir. Feb. 7, 2003).published
- United States v. MacKety, 650 F.3d 621 (6th Cir. 2011).published
- United States v. Amen Jumah, No. 10-3502 (7th Cir. July 22, 2011).unpublished
- United States v. Alan Lee, No. 09-30881 (5th Cir. Dec. 14, 2011).unpublished
- United States v. Winfred Johnston, Jr., No. 09-30904 (5th Cir. Dec. 14, 2011).unpublished
- United States v. William Rodes, Jr., No. 09-30943 (5th Cir. Dec. 14, 2011).unpublished
- No. 98-3572, 179 F.3d 1083 (8th Cir. 1999).published
- United States v. Andrew Niccademous Tyler, 238 F.3d 1036 (8th Cir. 2001).published
- United States v. Angela Ruiz, 241 F.3d 1157 (9th Cir. 2001).published
- United States v. John Herman Buckendahl, United States of Am. v. John Joseph Ringis, United States of Am. v. Joseph John Johnson, United States of Am. v. Juan Carlos Valdivia-Cardona, Also Known as Steven Paul Garcia, Also Known as Stevan Garcia, United States of Am. v. Jeffrey Alan Clark, 251 F.3d 753 (8th Cir. 2001).published
- United States v. Antwand Deshion Hawkins, 274 F.3d 420 (6th Cir. 2001).published
- United States v. Tristan Davis, 714 F.3d 474 (7th Cir. 2013).published
- United States v. Travis Starks, No. 13-6320 (4th Cir. June 5, 2013).unpublished
- United States v. Johnson, No. 98-4408 (4th Cir. Mar. 25, 1999).unpublished
- United States v. White, No. 98-4355 (4th Cir. Apr. 6, 1999).unpublished
- United States v. Michael Shaw, No. 98-4283 (4th Cir. June 11, 1999).unpublished
- United States v. David Daniels, No. 98-4732, 1999 WL 496594 (4th Cir. July 13, 1999).unpublished
- United States v. Williams, No. 98-4305 (4th Cir. Aug. 16, 1999).unpublished
- United States v. Torrence, No. 99-4087 (4th Cir. Aug. 16, 1999).unpublished
- United States v. Charles Coffey, No. 99-4645 (4th Cir. Apr. 25, 2000).unpublished
- United States v. Aguayo, No. 99-4787 (4th Cir. May 3, 2000).unpublished
- United States v. Mardena Thomas, No. 99-4474 (4th Cir. May 10, 2000).unpublished
- United States v. Burdine, No. 99-4829 (4th Cir. Aug. 3, 2000).unpublished
- United States v. Best, No. 99-4707 (4th Cir. Sept. 14, 2000).unpublished
- United States v. Mills, No. 00-4396 (4th Cir. Oct. 19, 2000).unpublished
- United States v. McBride, No. 01-4158 (4th Cir. Jan. 15, 2002).unpublished
- United States v. Butler, 49 F. App'x 490 (4th Cir. 2002).unpublished
- United States v. Washington, 68 F. App'x 407 (4th Cir. 2003).unpublished
- United States v. Rector, 84 F. App'x 315 (4th Cir. 2004).unpublished
- United States v. Davis, No. 02-4783 (4th Cir. Feb. 24, 2004).unpublished
- United States v. Wolfe, 100 F. App'x 216 (4th Cir. 2004).unpublished
- United States v. Jamison, No. 06-4865 (4th Cir. July 10, 2007).unpublished
- United States v. Brandon Brown, 547 F. App'x 637 (5th Cir. 2013).unpublished
- United States v. Cheng, No. 2002-0484 (D.D.C. Nov. 18, 2010).published
- United States v. Donntraie Lemanes Butler, 272 F.3d 683 (4th Cir. 2001).published
- United States v. Washington, 250 F. App'x 716 (6th Cir. 2007).unpublished
- United States v. Stonerock, 363 F. App'x 338 (6th Cir. 2010).unpublished
- United States v. Paul Kelly, 337 F.3d 897 (7th Cir. 2003).published
- United States v. Billings, 546 F.3d 472 (7th Cir. 2008).published
- United States v. Deberry, 576 F.3d 708 (7th Cir. 2009).published
- United States v. Todd Tykarsky, 446 F.3d 458 (3d Cir. 2006).published
- United States v. Derek Doucette Vernon, 187 F.3d 884 (8th Cir. 1999).published
- United States v. Stanley Johnson, 241 F.3d 1049 (8th Cir. 2001).published
- United States v. Russell Bradley Marks, 244 F.3d 971 (8th Cir. 2001).published
- United States v. John Buckendahl, 251 F.3d 753 (8th Cir. 2001).published
- United States v. Humberto Amezcua, 276 F.3d 445 (8th Cir. 2002).published
- United States v. Gary Lynn Moeller, 383 F.3d 710 (8th Cir. 2004).published
- United States v. Christopher Mark Davis, 397 F.3d 672 (8th Cir. 2005).published
- United States v. Russell Hodge, No. 05-3633 (8th Cir. Nov. 22, 2006).published
- United States v. Freemont, 513 F.3d 884 (8th Cir. 2008).published
- United States v. Perez, 526 F.3d 1135 (8th Cir. 2008).published
- United States v. Travis Ray Burns, No. 04-2901 (8th Cir. Aug. 20, 2009).published
- United States v. Medina-Beltran, No. 06-10181 (9th Cir. Sept. 5, 2008).published
- United States v. Theodis Jones, 368 F. App'x 959 (11th Cir. 2010).unpublished
- United States v. Pantaleon Acevedo, No. 08-15195 (11th Cir. Feb. 9, 2009).unpublished
- United States v. Johnson, 581 F.3d 994 (9th Cir. 2009).published
- United States v. Mekael Daniels, 667 F. App'x 760 (11th Cir. 2016).unpublished
- United States v. Scarpa, 861 F.3d 59 (2d Cir. 2017).published
- In re Sealed Opinion, No. 17-604 (10th Cir. Aug. 4, 2017).published
- United States v. Michael Lermos-Hernandez, No. 16-17146 (11th Cir. Nov. 17, 2017).unpublished
- United States v. Bralen Jordan, 877 F.3d 391 (8th Cir. 2017).published
- United States v. Kevin Hickey, No. 17-14055 (11th Cir. Apr. 20, 2018).unpublished
- United States v. Michael Ali Bryant, Sr., No. 17-13790 (11th Cir. June 15, 2018).unpublished
- United States v. Micheal Joseph Armano, No. 17-12132 (11th Cir. Aug. 30, 2018).unpublished
- United States v. Luis Soria, No. 17-41150 (5th Cir. Oct. 30, 2018).unpublished
- Lawrence S. Duran v. United States, No. 16-11882 (11th Cir. Nov. 2, 2018).unpublished
- United States v. Carlos Alberto Sinesterra Penalosa, No. 18-13767 (11th Cir. Feb. 6, 2019).unpublished
- United States v. Hillary Trimm, No. 18-702 (2d Cir. Mar. 13, 2019).unpublished
- United States v. Calvin Allen, No. 19-60019 (5th Cir. Aug. 7, 2019).unpublished
- United States v. Armando Pedroso, No. 18-13759 (11th Cir. Sept. 23, 2019).unpublished
- United States v. John J. Powers, No. 17-15668 (11th Cir. Oct. 3, 2019).unpublished
- United States v. Fredric W. Tokars, No. 19-11155 (11th Cir. Jan. 31, 2020).unpublished
- United States v. Derrick Crumpton, 814 F. App'x 964 (6th Cir. 2020).unpublished
- Sealed v. Sealed, No. 19-60732 (5th Cir. June 4, 2020).unpublished
- United States v. Bryant Iwai, No. 19-10192 (9th Cir. July 13, 2020).unpublished
- United States v. Richard Alston, No. 20-4444 (4th Cir. Apr. 30, 2021).unpublished
- United States v. Steven Lewis Emery, No. 20-13888 (11th Cir. Sept. 29, 2021).unpublished
- United States v. Evens Claude, 16 F.4th 422 (3d Cir. 2021).published
- United States v. Muhamadou Kamateh, No. 21-11228 (11th Cir. Dec. 10, 2021).unpublished
- United States v. Antoinette Adair, 38 F.4th 341 (3d Cir. 2022).published
- United States v. Ramirez, 50 F. App'x 257 (6th Cir. 2002).unpublished
- United States v. Goforth, 86 F. App'x 904 (6th Cir. 2004).unpublished
- United States v. Boujabadi, No. 23-20581 (5th Cir. Mar. 18, 2024).unpublished
- Ortiz-Luna v. United States, No. 3:17-cv-01146 (S.D. Cal. Dec. 1, 2020).
- Membache, Jimmy v. United States, No. 1:24-cv-21255 (S.D. Fla. Apr. 5, 2024).
- Faulkner v. United States, No. 3:21-cv-00490 (S.D. Ill. Dec. 8, 2021).
- TARSIA v. United States, No. 1:16-cv-03716 (D.N.J. Apr. 28, 2020).
- Keilholtz v. United States, No. 2:20-cv-00176 (E.D. Tenn. Sept. 29, 2021).
- United States v. Jervonta Walker, No. 22-4520 (4th Cir. July 2, 2024).unpublished
- United States v. Jared Jones, No. 22-4226 (4th Cir. July 2, 2024).unpublished
- United States v. Carlos Miguel Ortiz, 133 F. App'x 655 (11th Cir. 2005).unpublished
- United States v. Miryan Garcia, 201 F. App'x 724 (11th Cir. 2006).unpublished
- United States v. Maurico Juaquin Ortiz, 194 F. App'x 895 (11th Cir. 2006).unpublished
- United States v. William Brendt Steele, 168 F. App'x 897 (11th Cir. 2006).unpublished
- United States v. Favors, 289 F. App'x 800 (5th Cir. 2008).unpublished
- United States v. Allan Ray Stephens, 387 F. App'x 943 (11th Cir. 2010).unpublished
- United States v. Maldonado-Acosta, 210 F.3d 1182 (10th Cir. 2000).published
- United States v. Berger, 251 F.3d 894 (10th Cir. 2001).published
- United States v. Doe, No. 98-1319 (1st Cir. Apr. 16, 1999).published
- United States v. Beatty, 538 F.3d 8 (1st Cir. 2008).published
- United States v. Madrigal, 422 F. App'x 278 (4th Cir. 2011).unpublished
- United States v. Nance, 426 F. App'x 801 (11th Cir. 2011).unpublished
- United States v. Divens, 650 F.3d 343 (4th Cir. 2011).published
- United States v. Reynaldo Ramos-Yanac, 454 F. App'x 705 (11th Cir. 2011).unpublished
- United States v. Lance Morris, 455 F. App'x 464 (5th Cir. 2011).unpublished
- United States v. Jose Esparza, 464 F. App'x 344 (5th Cir. 2012).unpublished
- United States v. John Doe, 170 F.3d 223 (1st Cir. 1999).published
- United States v. John Doe, 233 F.3d 642 (1st Cir. 2000).published
- Raymond Dayle Rowsey v. R.C. Lee, 327 F.3d 335 (4th Cir. 2003).published
- United States v. Joshua N. Emerson, 349 F.3d 986 (7th Cir. 2003).published
- United States v. Issam Awad, 371 F.3d 583 (9th Cir. 2004).published
- United States v. Jane Roe, 445 F.3d 202 (2d Cir. 2006).published
- United States v. Todd A. Miller, 458 F.3d 603 (7th Cir. 2006).published
- United States v. Russell James Hodge, 469 F.3d 749 (8th Cir. 2006).published
- United States v. Ramon Gomez Godinez, 474 F.3d 1039 (8th Cir. 2007).published
- United States v. Eddie David Holbdy, 489 F.3d 910 (8th Cir. 2007).published
- United States v. Jose Gabriel Uribe, 486 F. App'x 823 (11th Cir. 2012).unpublished
- United States v. Gomez, 705 F.3d 68 (2d Cir. 2013).published
- United States v. Steven Anthony Graham, 517 F. App'x 882 (11th Cir. 2013).unpublished
- United States v. Forrest, 67 F. App'x 200 (4th Cir. 2003).unpublished
- United States v. Best, 214 F. App'x 279 (4th Cir. 2007).unpublished
- United States v. Guest, 288 F. App'x 84 (4th Cir. 2008).unpublished
- United States v. William Long, 531 F. App'x 669 (6th Cir. 2013).unpublished
- United States v. Drennon, 516 F.3d 160 (3d Cir. 2008).published
- United States v. Richardson, 558 F.3d 680 (7th Cir. 2009).published
- United States v. Blue, 557 F.3d 682 (6th Cir. 2009).published
- United States v. Zakas, 793 F. Supp. 2d 77 (D.D.C. 2011).published
- United States v. Walter Johns, 548 F. App'x 581 (11th Cir. 2013).unpublished
- United States v. Agustin Pineda-Barrientos, 577 F. App'x 353 (5th Cir. 2014).unpublished
- United States v. Melendez-Rivera, 782 F.3d 26 (1st Cir. 2015).published
- United States v. Paul Woods, III, 533 F. App'x 594 (6th Cir. 2013).unpublished
- United States v. Robert Bluntson, 326 F. App'x 960 (7th Cir. 2009).unpublished
- United States v. Peoples, 38 F. App'x 704 (3d Cir. 2002).unpublished
- United States v. Valentin, 131 F. App'x 892 (3d Cir. 2005).unpublished
- United States v. Robinson, 426 F. App'x 849 (11th Cir. 2011).unpublished
- United States v. Betty Jo Rains, 366 F. App'x 68 (11th Cir. 2010).unpublished
- United States v. Kimberly Dipadova, 708 F. App'x 783 (4th Cir. 2017).unpublished
- United States v. Blayne Davis, No. 17-12224 (11th Cir. Dec. 26, 2018).unpublished
- United States v. Luis Alberto Bagui-Solis, No. 17-14713 (11th Cir. May 8, 2019).unpublished
- United States v. Nancy Lopez, No. 19-40004 (5th Cir. Dec. 5, 2019).unpublished
- United States v. Monus, 20 F. App'x 511 (6th Cir. 2001).unpublished
- United States v. Collins, 26 F. App'x 705 (9th Cir. 2002).unpublished
- United States v. Beatty, 538 F.3d 34 (1st Cir. 2008).published
- United States v. Doe, 865 F.3d 1295 (10th Cir. 2017).published
- United States v. Cardenas, 302 F. App'x 14 (2d Cir. 2008).unpublished
- United States v. Defeo, 327 F. App'x 257 (2d Cir. 2009).unpublished
- United States v. Greene, 381 F. App'x 209 (3d Cir. 2010).unpublished
- United States v. Bautista, 204 F. App'x 922 (2d Cir. 2006).unpublished
- Krecht v. United States, 846 F. Supp. 2d 1268 (S.D. Fla. 2012).published
At page 186 Sufficiency of substantial assistance claim for relief126 citing cases“not rationally related to any legitimate government end.”
- Borja v. United States, No. 8:23-cv-02598 (M.D. Fla. Apr. 24, 2025).([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.)
- Vasquez v. United State of Am., No. 0:19-cv-61504 (S.D. Fla. May 7, 2020).([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 mo…)
- United States v. Scott W. Rothstein, 939 F.3d 1286 (11th Cir. 2019).published ([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.)
- United States v. Ramirez, No. 17-3906 (2d Cir. Nov. 9, 2018).unpublished If there is such an agreement, courts review that agreement to determine whether the government “lived up to its end of the bargain.” United States v. Leonard, 50 F.3d 1152, 1157 (2d Cir. 1995) (internal quotation omitted).2 In the absence…
- United States v. James Alan Pamperin, 456 F.3d 822 (8th Cir. 2006).published Wade v. United States, 504 U.S. 181, 185-86 (1992); see also United States v. Moeller, 383 F.3d 710, 713 (8th Cir. 2004) (“[S]o long as the government is exercising the statutory power conferred by [law] and its action is not based on an u…
- United States v. Timothy Dean Wolf, No. 01-1344 (8th Cir. Nov. 9, 2001).published ([A] defendant would be entitled to relief if a prosecutor refused to file a substantial-assistance motion, say, because of the defendant's race or religion.)
- United States v. Todd Remine, No. 98-2665 (8th Cir. Dec. 4, 1998).unpublished ([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 mo…)
- United States v. John L. Thompson, 156 F.3d 1245 (10th Cir. 1998).published ([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.)
- United States v. Rudolfo Santoyo, 146 F.3d 519 (7th Cir. 1998).published (As the Government concedes ... Wade would be entitled to relief if the prosecutor's refusal to move was not rationally related to any legitimate Government end_)
- Michael E. Bischel v. United States, 32 F.3d 259 (7th Cir. 1994).published (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…)
Show 115 more citing cases
- United States v. Miguel Profeta, 995 F.2d 306 (D.C. Cir. 1993).unpublished(a defendant has no right to ... an evidentiary hearing unless he makes a substantial threshold showing [of improper motive])
- United States v. Michael West Burke, 978 F.2d 716 (9th Cir. 1992).unpublished (a claim that a defendant merely provided substantial assistance will not entitle a defendant to a remedy ... or an evidentiary hearing)
- United States v. Dennis Oland Patterson, 978 F.2d 717 (9th Cir. 1992).unpublished (a claim that a defendant merely provided substantial assistance will not entitle a defendant to a remedy ...)
- United States v. Scarpa, 155 F. Supp. 3d 234 (E.D.N.Y. 2016).published (As the Government concedes, see Brief for United States 26. (citing New Orleans v. Dukes, 427 U.S. 297, 803 , 96 S.Ct. 2513 , 49 L.Ed.2d 511 (1976) (per curiam)), Wade would be entitled to relief if the prosecutor’s re…)
- United States v. Villarreal, 351 F. App'x 332 (10th Cir. 2009).unpublished “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.”
- United States v. Par. Mackmore, 302 F. App'x 506 (8th Cir. 2008).unpublished “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 motiv…”
- United States v. Weldon D. Waites, 972 F.2d 344 (4th Cir. 1992).unpublished Id. ("[A]lthough a showing of assistance is a necessary condition for relief, it is not a sufficient one.").
- United States v. GONZALEZ, No. 202500333 (N.M.C.C.A. Mar. 6, 2026).published JAMISON Clerk of Court 2 Wade v. United States, 504 U.S. 181, 186 (1992).
- Vivirito, No. 1:24-cv-07540 (N.D. Ill. Feb. 9, 2026).Wade v. United States, 504 U.S. 181, 186 (1992).
- United States v. Jonas, No. 24-1437 (2d Cir. Nov. 17, 2025).unpublishedTo do so, a “defendant must make a ‘substantial threshold 2 showing’ . . . of improper motive, and ‘generalized allegations’ of such a motive do not entitle a 3 defendant to relief.” United States v. Trimm, 999 F.3d 119, 126 (2d Cir. 2021)…
- United States v. Hagin, No. 23-10928 (5th Cir. Sept. 5, 2024).unpublished “The government is under no obligation to file a Rule 35(b) [motion], despite whatever substantial assistance the defendant might give.” United States v. Grant, 493 F.3d 464, 467 (5th Cir. 2007) (citing Wade v. United States, 504 U.S. 181,…
- United States v. Kendrick Kentrell Patrick, No. 23-10903 (11th Cir. Feb. 8, 2024).unpublished This provision “gives the Government a power, not a duty, to file a motion when a defendant has substantially assisted.” Wade v. United States, 504 U.S. 181, 185 (1992).
- United States v. Marcus Watkins, No. 20-14856 (11th Cir. May 25, 2022).unpublished Wade v. United States, 504 U.S. 181, 185 (1992).
- United States v. Juan Guillermo Brand, 972 F.2d 337 (1st Cir. 1992).unpublished
- United States v. Webb, No. 99-5189 (10th Cir. Oct. 26, 2000).unpublished
- United States v. Alan Lee, No. 09-30881 (5th Cir. Dec. 14, 2011).unpublished
- United States v. Winfred Johnston, Jr., No. 09-30904 (5th Cir. Dec. 14, 2011).unpublished
- United States v. William Rodes, Jr., No. 09-30943 (5th Cir. Dec. 14, 2011).unpublished
- United States v. Brandon Brown, 547 F. App'x 637 (5th Cir. 2013).unpublished
- United States v. Russell Bradley Marks, 244 F.3d 971 (8th Cir. 2001).published
- United States v. Christopher Mark Davis, 397 F.3d 672 (8th Cir. 2005).published
- United States v. Freemont, 513 F.3d 884 (8th Cir. 2008).published
- In re Sealed Opinion, No. 17-604 (10th Cir. Aug. 4, 2017).published
- United States v. John J. Powers, No. 17-15668 (11th Cir. Oct. 3, 2019).unpublished
- United States v. Sander, 370 F. App'x 386 (4th Cir. 2010).unpublished
- United States v. Smith, No. 96-21131 (5th Cir. Aug. 20, 1997).unpublished
- United States v. Kedon Davis, 359 F. App'x 128 (11th Cir. 2010).unpublished
- United States v. Glenn Chiesa, 245 F. App'x 918 (11th Cir. 2007).unpublished
- United States v. Bazy, 82 F.3d 427 (10th Cir. 1996).unpublished
- United States v. Kirsch, No. 98-3326 (10th Cir. Dec. 10, 1999).unpublished
- United States v. Youmans, No. 98-3328 (10th Cir. Dec. 28, 1999).unpublished
- United States v. Motley, 587 F.3d 1153 (D.C. Cir. 2009).published
- United States v. Dorothy Golob, 990 F.2d 1262 (9th Cir. 1993).unpublished
- United States v. Darion Pridgeon, 991 F.2d 802 (8th Cir. 1993).unpublished
- United States v. Oliver N. Gill, Jr., 1 F.3d 1247 (9th Cir. 1993).published
- United States v. Donnie Denago Fields, 2 F.3d 1158 (9th Cir. 1993).unpublished
- United States v. Ricky D. Wade, 3 F.3d 1577 (D.C. Cir. 1993).unpublished
- United States v. Randolph Scott Meier, 5 F.3d 542 (9th Cir. 1993).published
- United States v. Gary Spellman, 8 F.3d 33 (9th Cir. 1993).unpublished
- United States v. Antonio Mendoza-Villapando, 9 F.3d 1554 (9th Cir. 1993).unpublished
- United States v. Gregory Arnette Brewer, 12 F.3d 1103 (8th Cir. 1993).unpublished
- United States v. Jose Navarette-Avendano, 12 F.3d 1110 (9th Cir. 1993).unpublished
- United States v. Roy Weiss, United States of Am. v. Oucho Saelee, United States of Am. v. Lai Chiem Saelee, 15 F.3d 1095 (9th Cir. 1994).published
- United States v. Robert Todd Leinen, 19 F.3d 1437 (8th Cir. 1994).unpublished
- United States v. David Derrin Mathews, United States of Am. v. Peter Mitchell Mathews, 19 F.3d 1438 (8th Cir. 1994).unpublished
- United States v. Derrick Lew Smith, 25 F.3d 1059 (10th Cir. 1994).published
- United States v. Peggy Gustafson Barnett, 26 F.3d 133 (9th Cir. 1994).unpublished
- United States v. Joseph Stanley Lucas, United States of Am. v. William L. Smasal, 29 F.3d 636 (9th Cir. 1994).unpublished
- United States v. Brian Richman, 32 F.3d 571 (8th Cir. 1994).unpublished
- United States v. Lateef Oyelade, 37 F.3d 1501 (7th Cir. 1994).published
- United States v. Arnold Turner, 41 F.3d 1511 (7th Cir. 1994).unpublished
- United States v. Rodney Williams, 53 F.3d 769 (6th Cir. 1995).published
- United States v. Brent Barett Jenkins, 67 F.3d 297 (4th Cir. 1995).unpublished
- Jose J. Padilla v. United States, 68 F.3d 479 (8th Cir. 1995).unpublished
- United States v. Kevin A. Nickles, 70 F.3d 1264 (4th Cir. 1995).unpublished
- United States v. Anthony L. Johnigan, 90 F.3d 1332 (8th Cir. 1996).published
- United States v. Jerry D. Cain, 104 F.3d 354 (2d Cir. 1996).unpublished
- United States v. Rodney G. Kinnison, 105 F.3d 663 (8th Cir. 1997).unpublished
- United States v. William Henry Clay, 106 F.3d 402 (6th Cir. 1996).unpublished
- United States v. Richard H. Stern, 107 F.3d 5 (2d Cir. 1997).unpublished
- United States v. Larry Lee Haynes, 108 F.3d 1374 (4th Cir. 1997).unpublished
- Patrick S. Jackson v. Percy Pitzer, 108 F.3d 1379 (7th Cir. 1997).unpublished
- United States v. Otis Jeffrey Hasty, 110 F.3d 61 (4th Cir. 1997).unpublished
- Dale Douglas Nasman v. United States, 110 F.3d 64 (6th Cir. 1997).unpublished
- United States Gov't of the Virgin Islands v. Rupert Isaac, 141 F.3d 477 (3d Cir. 1998).published
- United States v. Henry Lee Brown, 521 F. App'x 778 (11th Cir. 2013).unpublished
- United States v. Haynes, No. 96-4027 (4th Cir. Mar. 21, 1997).unpublished
- United States v. Hasty, No. 95-5383 (4th Cir. Mar. 24, 1997).unpublished
- United States v. Mobley, No. 95-5569 (4th Cir. Aug. 18, 1997).unpublished
- United States v. Wideman, No. 97-4287 (4th Cir. Sept. 17, 1997).unpublished
- United States v. Frederick, No. 97-4272 (4th Cir. Mar. 16, 1998).unpublished
- United States v. Barnett, No. 97-4672 (4th Cir. June 30, 1998).unpublished
- United States v. Williams, No. 97-4664 (4th Cir. July 16, 1998).unpublished
- United States v. Williams, No. 97-4815 (4th Cir. Aug. 5, 1998).unpublished
- United States v. Moultrie, No. 97-4625 (4th Cir. Sept. 11, 1998).unpublished
- United States v. Taylor, No. 97-5002 (4th Cir. Jan. 26, 1999).unpublished
- United States v. Thomas J. Price, No. 99-4433 (4th Cir. Jan. 6, 2000).unpublished
- United States v. Ragin, No. 99-4916 (4th Cir. Oct. 20, 2000).unpublished
- State v. Albert G. Hill III, No. 05-13-00424-CR, 2014 Tex. App. LEXIS 13835 (Tex. App.—Dallas Dec. 30, 2014).published
- State v. Albert G. Hill III, No. 05-13-00421-CR (Tex. App.—Dallas Dec. 30, 2014).published
- State v. Albert G. Hill III, No. 05-13-00423-CR (Tex. App.—Dallas Dec. 30, 2014).unpublished
- State v. Albert G. Hill III, No. 05-13-00421-CR (Tex. App.—Dallas Dec. 30, 2014).unpublished
- United States v. Raineri, 42 F.3d 36 (1st Cir. 1994).published
- United States v. John Steven LeRose, No. 99-4886 (4th Cir. July 13, 2000).published
- United States v. Lapsins, 570 F.3d 758 (6th Cir. 2009).published
- United States v. Petrus, 588 F.3d 347 (6th Cir. 2009).published
- United States v. Sowemimo, Kamorudeen, No. 01-3558 (7th Cir. July 7, 2003).published
- United States v. Nicholas Carrara, 49 F.3d 105 (3d Cir. 1995).published
- United States v. Mary Ann Rounsavall, 128 F.3d 665 (8th Cir. 1997).published
- United States v. Evin Alexi Licona-Lopez, 163 F.3d 1040 (8th Cir. 1998).published
- United States v. Anthony C. Barrett, 173 F.3d 682 (8th Cir. 1999).published
- United States v. Adam L. DeWane, No. 99-2078 (8th Cir. Jan. 25, 2000).unpublished
- United States v. Porsha R. Turner, No. 99-2348 (8th Cir. Jan. 24, 2000).unpublished
- United States v. Aaron Coppenbarger, No. 99-1578 (8th Cir. Jan. 18, 2000).unpublished
- United States v. Ibanez-Teyes, No. 99-3093 (8th Cir. Mar. 31, 2000).unpublished
- United States v. Patricia Tew, No. 99-3538 (8th Cir. Mar. 14, 2000).unpublished
- United States v. Billy Ray Jones, No. 99-3901 (8th Cir. May 22, 2000).unpublished
- United States v. Freddie Ross, No. 99-2368 (8th Cir. June 16, 2000).unpublished
- United States v. Theresa Weaver, 216 F.3d 693 (8th Cir. 2000).published
- United States v. Terrance Williams, No. 02-3020 (8th Cir. Apr. 14, 2003).published
- United States v. Michael James Hardy, 325 F.3d 994 (8th Cir. 2003).published
- United States v. Shane L. Borer, No. 03-2903 (8th Cir. Jan. 5, 2005).published
- United States v. Shane L. Borer, 412 F.3d 987 (8th Cir. 2005).published
- Hill, Albert G., No. PD-0020-15 (Tex. Crim. App. Sept. 9, 2015).published
- United States v. Ismael Lechuga, 820 F. App'x 261 (5th Cir. 2020).unpublished
- United States v. Evans, 30 F. App'x 513 (6th Cir. 2002).unpublished
- United States v. Waldrip, 948 F. Supp. 908 (D. Neb. 1996).published
- Spriggs v. United States, 962 F. Supp. 68 (E.D. Va. 1997).published
- United States v. Mario Velasquez-Gomez, No. 21-6071 (6th Cir. Apr. 25, 2023).unpublished
- United States v. McAlpin, No. 24-60181 (5th Cir. Jan. 31, 2025).unpublished
- United States v. Jonathan O'Neal Thomas, No. 24-13909 (11th Cir. Sept. 10, 2025).unpublished
- United States v. Allan Ray Stephens, 387 F. App'x 943 (11th Cir. 2010).unpublished
- United States v. Doe, No. 98-1319 (1st Cir. Apr. 16, 1999).published
- United States v. Todd A. Miller, 458 F.3d 603 (7th Cir. 2006).published
- United States v. Betty Jo Rains, 366 F. App'x 68 (11th Cir. 2010).unpublished
At page 184 Limiting judicial authority over government sentencing discretion15 citing casescourt lacked jurisdiction to compel government to file cooperation-based sentencing reduction, where plea agreement granted sole discretion over such motions to the prosecution
- United States v. Timothy Dean Wolf, No. 01-1344 (8th Cir. Nov. 9, 2001).published See Wade, 504 U.S. at 186 ("[A] defendant would be entitled to relief if a prosecutor refused to file a substantial-assistance motion, say, because of the defendant's race or religion.").
- Stanley Presendieu v. United States, No. 21-12552 (11th Cir. Sept. 9, 2022).unpublished(court lacked jurisdiction to compel government to file cooperation-based sentencing reduction, where plea agreement granted sole discretion over such motions to the prosecution)
- United States v. Sax James Snith, 70 F.3d 1281 (9th Cir. 1995).unpublished
- United States v. Panfilo Zavala-Angulo, 78 F.3d 596 (9th Cir. 1996).unpublished
- United States v. Lance Nathaniel Morrison, 99 F.3d 1132 (4th Cir. 1996).unpublished
- United States v. Vincent D. Rogers, 106 F.3d 393 (4th Cir. 1997).unpublished
- United States v. Morrison, No. 95-8562 (4th Cir. Oct. 22, 1996).unpublished
- United States v. Rogers, No. 96-4037 (4th Cir. Feb. 10, 1997).unpublished
- United States v. Pierce, No. 96-7066 (4th Cir. Aug. 19, 1997).unpublished
- United States v. Dillard, No. 97-4568 (4th Cir. Mar. 27, 1998).unpublished
Show 5 more citing cases
- United States v. Cordero, No. 97-4355 (4th Cir. Dec. 17, 1998).unpublished
- United States v. J. Padilla-Hernandez, No. 98-4873 (4th Cir. Oct. 18, 1999).unpublished
- United States v. James Smith, No. 99-4483 (4th Cir. Feb. 11, 2000).unpublished
- United States v. Schaefer, No. 95-5854 (4th Cir. Aug. 13, 1997).published
- Leon Carmichael, Sr. v. United States, 966 F.3d 1250 (11th Cir. 2020).published
At page 187 Showing of assistance is necessary but not sufficient for relief13 citing casesThe Government’s decision not to move [for a motion] may have been based not on a failure to acknowledge or appreciate [the defendant’s] help, but simply on its rational assessment of the cost and benefit that would flow from moving.
- United States v. Paul Woods, III, No. 18-5059 (6th Cir. May 8, 2019).unpublished Id. at 185-86 (“[F]ederal 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.
- United States v. Smith, 574 F.3d 521 (8th Cir. 2009).published (The Government’s decision not to move [for a motion] may have been based not on a failure to acknowledge or appreciate [the defendant’s] help, but simply on its rational assessment of the cost and benefit that would fl…)
- United States v. Fields, 512 F.3d 1009 (8th Cir. 2008).published (The Government’s decision not to move may have been based not on a failure to acknowledge or appreciate [the defendant’s] help, but simply on its rational assessment of the cost and benefit that would flow from moving.)
- In re Sealed Case No. 97-3112, 181 F.3d 128 (D.C. Cir. 1999).published (The Government's decision not to move may have been based not on a failure to acknowledge or appreciate [the defendant's] help, but simply on its rational assessment of the cost and benefit that would flow from moving.)
- United States v. Weldon D. Waites, 972 F.2d 344 (4th Cir. 1992).unpublished “although a showing of assistance is a necessary condition for relief, it is not a sufficient one.”
- United States v. Travis Ray Burns, No. 04-2901 (8th Cir. Aug. 20, 2009).published
- United States v. Johnson, 581 F.3d 994 (9th Cir. 2009).published
- United States Gov't of the Virgin Islands v. Rupert Isaac, 141 F.3d 477 (3d Cir. 1998).published
- Melendez v. United States, 518 U.S. 120 (1996).published
- United States v. Hersch, 96 F.3d 1430 (1st Cir. 1996).unpublished
Show 2 more citing cases
- United States v. Roderick S. Pipes, No. 97-1074 (8th Cir. Sept. 11, 1997).published
- United States v. Kim Darby Saenz, 428 F.3d 1159 (8th Cir. 2005).published
118 L. Ed. 2d at 531 Reviewing prosecutor's refusal to file substantial assistance motion9 citing cases“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" or "was not rationally related to any legitimate government end”
- State v. Vasquez, 609 A.2d 29 (N.J. 1992).published “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" or "was not ra…”
- U.S. v. McCoy, No. 91-1357 (5th Cir. Apr. 5, 1993).published
- U.S. v. Watson, No. 92-1509 (5th Cir. Apr. 5, 1993).published
- United States v. Michael Watson, United States of Am. v. Lennox Campbell, 988 F.2d 544 (5th Cir. 1993).published
- United States v. James Allen Stitt, 19 F.3d 31 (9th Cir. 1994).unpublished
- United States v. Michael Hendricks J. Ringling, 30 F.3d 132 (4th Cir. 1994).unpublished
- State v. Wilkerson, 683 S.E.2d 174 (N.C. 2009).published
- United States v. Phy Phong Le, 846 F. Supp. 982 (M.D. Fla. 1994).published
- United States v. Brayboy, 806 F. Supp. 1576 (S.D. Fla. 1992).published
112 S. Ct. at 1842 Reviewing prosecutor's refusal to file substantial-assistance motion7 citing cases“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”
- United States v. Willie Cooks, 99 F.3d 1142 (7th Cir. 1996).unpublished“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”
- United States v. Andrew Holston, 129 F. App'x 563 (11th Cir. 2005).unpublished
- United States v. Juan Guillermo Brand, 972 F.2d 337 (1st Cir. 1992).unpublished
- United States v. Frederick H. Howard, 17 F.3d 397 (9th Cir. 1994).published
- United States v. Horacio Ortega-Valles, 21 F.3d 1118 (9th Cir. 1994).unpublished
- Robert J. Theno v. United States, 52 F.3d 326 (6th Cir. 1995).published
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.
- United States v. Villarreal, 351 F. App'x 332 (10th Cir. 2009).unpublished (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.)
- United States v. Par. Mackmore, 302 F. App'x 506 (8th Cir. 2008).unpublished ([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 mo…)
v.
United States
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 Government,” 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[*183] district courts to go below the minimum required under the Guidelines if the Government flies 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 §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 Guidelines for the drug offenses at 97 to 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 to 121 months, see USSG §5G1.1(c)(2). The report also stated that both USSG §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.
[*184] 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. 1003 (1991), and now affirm.
The full text of 18 U. S. C. § 3553(e) is this:
“Limited Authority to Impose a Sentence Below a Statutory Minimum. — Upon motion of the Government, 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 prosecution of another person who has committed an offense. Such sentence shall be imposed in accordance with the guidelines and policy statements issued by the Sentencing Commission pursuant to section 994 of title 28, United States Code.”
And this is the relevant portion of USSG § 5K1.1:
“Substantial Assistance to Authorities (Policy Statement)
“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.”
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[*185] 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, 1443-1447 (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. 958 (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 uncon[*186] stitutional motive. Thus, a defendant would be entitled to relief if a prosecutor refused to file a substantial-assistance motion, say, because of the defendant’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 substantial-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 specifically 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. 453, 464-465 (1991), but his argument is still of no avail.[*187] 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. 896 (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.