Mr. Doe moved for enforcement of the plea agreement on the ground that the government did not act in good faith in refusing to exercise its § 3553(e) discretion. The district court refused to even consider the motion on the grounds that an unpublished 10th decision, relying on Wade v. U.S., 504 U.S. 181, 186 (1992), precluded such a motion because the agreement left the § 3553(e) motion up to the government's discretion . There is a split in the circuits on this issue. The government's plea agreement promise included the promise to act in good faith when deciding whether to file a § 3553(e) motion.