Conference Calendar UNITED STATES OF AMERICA v. Ronald Joseph Favors, Jr

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion
should not be published and is not precedent except under the limited
circumstances set forth in 5TH CIR. R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 07-30826
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
RONALD JOSEPH FAVORS, JR
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 6:97-CR-60045-1
Before GARZA, CLEMENT, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
Ronald Joseph Favors, Jr. federal prisoner # 09800-035, appeals the
district court’s denial of a motion for a downward departure or evidentiary
hearing pertaining to his 1998 sentence for drug possession with intent to
distribute. Favors based his claims on 18 U.S.C. § 3553(e), FED. R. CRIM. P. 35,
U.S.S.G. §§ 5K1.1 & 5K2.0, and Wade v. United States, 504 U.S. 181, 186 (1992),
United States Court of Appeals
Fifth Circuit
F I L E D
August 19, 2008
Charles R. Fulbruge III
Clerk

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No. 07-30826
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and he contended that he was entitled to a sentence reduction because he
rendered substantial assistance to the Government.
The statutes and Guidelines cited by Favors do not apply. Some require
a government motion that is lacking in this case. See § 3553(e); Rule 35(b);
§ 5K1.1. Another does not pertain to a downward departure for substantial
assistance. See § 5K2.0.
Wade likewise provides no legal basis for Favors’s claim. The Government
has “a power, not a duty, to file a motion when a defendant has substantially
assisted.” Wade, 504 U.S. at 185. Moreover, “a claim that a defendant merely
provided substantial assistance will not entitle a defendant to a remedy or even
to discovery or an evidentiary hearing. Nor would additional but generalized
allegations of improper motive.” Id. at 186. The district court’s judgment is
AFFIRMED.

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