033011P.pdf   09/03/2004  USA  v.  Gary Moeller
   U.S. Court of Appeals Case No:  03-3011
   Northern District of Iowa   
   Criminal case - Criminal law. Defendant failed to show that the 
   government had an unconstitutional motive in refusing to file a 
   substantial assistance motion under 18 U.S.C. Sec. 3553(e), and the 
   district court erred in departing below the statutory minimum in the 
   absence of such a motion; court would not remand the matter for an 
   evidentiary hearing to give defendant another opportunity to make a 
   substantial threshold showing that the government's refusal to file the 
   motion was prompted by an improper motive, as the government at the 
   time of sentencing tied its refusal to make the motion to defendant's 
   assistance, or lack thereof, and defendant failed to make a substantial 
   threshold showing at that time; case remanded for imposition of a 
   sentence not less than the mandatory minimum. 
   [PUBLISHED] [ Loken, Author, with Bright, Circuit Judge, and Dorr, 
   District Judge]