No. 21-5008
Appeal from the United States District Court
for the Western District of Kentucky at Bowling Green;
No. 1:18-cr-00026-1—Gregory N. Stivers, District Judge.
No. 21-5423
On Petition for a Writ of Mandamus.
Argued: October 27, 2021
Decided and Filed: June 24, 2022
Before: ROGERS, STRANCH, and DONALD, Circuit Judges.
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OPINION
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BERNICE BOUIE DONALD, Circuit Judge. Pursuant to a Federal Rule of Criminal
Procedure 11(c)(1)(C) plea agreement, defendant appellee Damone Bell pled guilty to a lesser
included, but not indicted, offense of distribution of a controlled substance. The district court
accepted the guilty plea but ultimately rejected the plea agreement. The court then sentenced
Bell to thirty months’ imprisonment—a sentence approximately eighty-two percent lower than
that contemplated under the (C) plea agreement. The government appealed, alleging a right to
withdraw its consent to a plea to a lesser included, but not indicted, offense when a district court
rejects a Rule 11(c)(1)(C) plea agreement. The government alternatively petitioned for a writ of
mandamus to the same effect. For the reasons set forth below, we AFFIRM the district court’s
judgment and DENY the government’s petition for a writ of mandamus. |