United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT
                                   ___________

                                   No. 03-2668
                                   ___________

United States of America,               *
                                        *
            Appellee,                   * Appeal from the United States
                                        * District Court for the District
      v.                                * of Minnesota.
                                        *
Christopher Paul Giles,                 *      [UNPUBLISHED]
                                        *
            Appellant.                  *
                                   ___________

                             Submitted: April 1, 2004

                                 Filed: April 8, 2004
                                  ___________

Before MORRIS SHEPPARD ARNOLD, FAGG, and SMITH, Circuit Judges.
                         ___________

PER CURIAM.

       Christopher Paul Giles pleaded guilty to possessing with intent to distribute
more than 500 grams of methamphetamine mixture, in violation of 21 U.S.C.
§ 841(a)(1) and (b)(1)(A). The district court* sentenced Giles to 121 months
imprisonment and 5 years supervised release. On appeal, Giles contends the
government acted in bad faith when it refused to file a motion for a substantial-
assistance departure.

      *
      The Honorable Richard H. Kyle, United States District Judge for the District
of Minnesota.
      After careful review, we reject Giles's argument. The plea agreement contained
no provisions for a substantial-assistance departure, see United States v. Barresse,

, 612 (8th Cir. 1997), and Giles did not establish the government’s
decision was unconstitutionally motivated or irrational, see Wade v. United States,

, 185-86 (1992). We thus affirm the judgment of the district court.
                       ______________________________




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