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                        as a courtesy to the reader. They are not part of the opinion of the court.

063196P.pdf   06/21/2007  United States  v.  Eddie David Holbdy
   U.S. Court of Appeals Case No:  06-3196
   U.S. District Court for the District of Minnesota - St. Paul   
   [PUBLISHED][Bye, Author, with Loken, Chief Judge, and Bye, Circuit
   Judge]
   Criminal case - Sentencing. Defendant was not entitled to a hearing on
   the government's refusal to file a 5K.1 motion as he did not make a
   substantial threshold showing that the refusal was based on an improper
   motive; requirement that such reductions can only be considered upon the
   filing of a motion by the government does not violate the separation of
   powers doctrine and is not unconstitutional.