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UNITED STATES OF AMERICA,
Plaintiff-Appellant,
v.
DAMONE DOMINIQUE BELL,
Defendant-Appellee.

IN RE: UNITED STATES OF AMERICA,
Petitioner.
   No. 21-5008






     No. 21-5423
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.


_________________________
OPINION
_________________________

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.