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United States v. Junquera de Rivera, 92-2112 (1993)

Court: Court of Appeals for the First Circuit Number: 92-2112 Visitors: 6
Filed: Jan. 08, 1993
Latest Update: Mar. 02, 2020
Summary: January 8, 1993 [NOT FOR PUBLICATION] [NOT FOR PUBLICATION] UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT _________________________ No. 92-2112 UNITED STATES OF AMERICA, Appellee, v. BEATRIZ JUNQUERA DE RIVERA, Defendant, Appellant. This is a guideline sentencing appeal. _________ ___ 2
USCA1 Opinion









January 8, 1993 [NOT FOR PUBLICATION]
[NOT FOR PUBLICATION]



UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT




_________________________

No. 92-2112

UNITED STATES OF AMERICA,

Appellee,

v.

BEATRIZ JUNQUERA DE RIVERA,

Defendant, Appellant.

_________________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MAINE

[Hon. Morton A. Brody, U.S. District Judge]
___________________

_________________________

Before

Torruella, Selya and Stahl,

Circuit Judges.
______________

_________________________

J. Hilary Billings for appellant.
__________________
Margaret D. McGaughey, Assistant United States Attorney,
______________________
with whom Richard S. Cohen, United States Attorney, and Jay P.
________________ ______
McCloskey, Assistant United States Attorney, were on brief, for
_________
the United States.

_________________________



_________________________















Per Curiam. This is a guideline sentencing appeal. We
__________

have carefully reviewed the appellant's objections to the

district court's determination of her offense level and guideline

sentencing range (which, in turn, led to her sentence). Having

in mind, particularly, that a criminal defendant must carry the

burden of proving her entitlement to downward adjustments in the

presumptively applicable offense level, see, e.g., United States
___ ____ _____________

v. Ocasio, 914 F.2d 330, 332 (1st Cir. 1990), and that a
______

deferential standard of review applies to factbound

determinations under the sentencing guidelines, see, e.g., United
___ ____ ______

States v. Ruiz, 905 F.2d 499, 508 (1st Cir. 1990) (holding that
______ ____

"where there is more than one plausible view of the

circumstances, the sentencing court's choice among supportable

alternatives cannot be clearly erroneous"), we see no sound basis

for overturning the lower court's findings.

We need go no further. We have said before that

"[s]entencing appeals prosecuted . . . in the tenuous hope that

lightning may strike ought not to be dignified with exegetic

opinions, intricate factual synthesis, or full-dress explications

of accepted legal principles." United States v. Ruiz-Garcia, 886
_____________ ___________

F.2d 474, 477 (1st Cir. 1989). So it is here.





The judgment of conviction and the sentence imposed are
The judgment of conviction and the sentence imposed are
_______________________________________________________

affirmed. See 1st Cir. Loc. R. 27.1.
affirmed. See 1st Cir. Loc. R. 27.1.
_________ ___




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Source:  CourtListener

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