United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT
                                    ___________

                                    No. 05-1864
                                    ___________

United States of America,                *
                                         *
                   Appellee,             * Appeal from the United States
                                         * District Court for the Southern
      v.                                 * District of Iowa.
                                         *
Sonni Natasha Hernandez,                 *      [UNPUBLISHED]
                                         *
                   Appellant.            *
                                    ___________

                               Submitted: December 7, 2005
                                  Filed: December 12, 2005
                                   ___________

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

PER CURIAM.

      Sonni Natasha Hernandez appeals the 120-month sentence the district court*
imposed after Hernandez pleaded guilty to a drug-conspiracy charge. Hernandez
argues the government acted in bad faith by not filing a motion under 18 U.S.C.
§ 3553(e) for a departure below the mandatory minimum sentence. We conclude
Hernandez failed to make a substantial threshold showing that the government’s
refusal was “irrational, in bad faith, or based on an unconstitutional motive.” See



      *
        The Honorable Robert W. Pratt, United States District Judge for the Southern
District of Iowa.
United States v. Davis, 

, 676 (8th Cir. 2005) (quoting Wade v. United
States, 

, 186 (1992)). Accordingly, we affirm.
                       ______________________________




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