UNITED STATES of America, Appellee, v. Yamil RIVERA-KADER, also known as Llamil Kader, Appellant, 399 F. App'x 146

PER CURIAM. Yamil Rivera-Kader appeals the district court’s order denying his petition for a writ of mandamus to compel the government to file a Federal Rule of Criminal Procedure 35(

b) motion to reduce his sentence for substantial assistance. The district court did not abuse its discretion: among other reasons, Rivera-Ka-der failed to establish that he had a clear and indisputable right to a Rule 35(

b) motion because his plea agreement reserved to the government the discretion whether to file such a motion. See In re MidAmerican Energy Co., 286 F.3d 483, 486 (8th Cir.2002) (per curiam) (standard of review); In re SDDS, Inc., 97 F.3d 1030, 1034 (8th Cir.1996). Accordingly, we affirm. See 8th Cir. R. 47B. . The HONORABLE LAURIE SMITH CAMP, United States District Judge for the District of Nebraska.