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United States v. Sabater-Lugo, 94-1650 (1995)

Court: Court of Appeals for the First Circuit Number: 94-1650 Visitors: 6
Filed: Apr. 25, 1995
Latest Update: Mar. 02, 2020
Summary: April 29, 1995 [NOT FOR PUBLICATION] UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT ____________________ No. 94-1650 UNITED STATES, Plaintiff, Appellee, v. JOSE SABATER-LUGO, Defendant, Appellant., ______________ ____________________ Eduardo Caballero Reyes on brief for appellant.
USCA1 Opinion









April 29, 1995 [NOT FOR PUBLICATION]





UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT


____________________


No. 94-1650

UNITED STATES,

Plaintiff, Appellee,

v.

JOSE SABATER-LUGO,

Defendant, Appellant.

____________________

ERRATA SHEET



The opinion of this court issued on April 25, 1995 is amended as
follows:

On cover sheet, change "[Hon. Gene Carter,* U.S. District Judge]" ____________________
to "[Hon. Gene Carter,* U.S. Chief Judge]". ________________

On cover sheet, change "*Of the District of Puerto Rico, sitting
by designation." to "*Of the District Court of Maine, sitting by
designation."





























April 25, 1995
[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT

____________________


No. 94-1650

UNITED STATES,

Plaintiff, Appellee,

v.

JOSE SABATER-LUGO,

Defendant, Appellant.

____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO


[Hon. Gene Carter,* U.S. Chief Judge] ________________

____________________

Before

Torruella, Chief Judge, ___________
Selya and Stahl, Circuit Judges. ______________

____________________

Eduardo Caballero Reyes on brief for appellant. _______________________
Guillermo Gil, United States Attorney, Miguel A. Pereira, ______________ ____________________
Assistant United States Attorney, and Jos A. Quiles-Espinosa, Senior _______________________
Litigation Counsel, on brief for appellee.

____________________

____________________











_______________________
*Of the District of Maine, sitting by designation.






































































Per Curiam. Defendant waived any objection to the __________

denial of an adjustment for acceptance of responsibility by

failing timely to object to the presentence report as

required by Local Rule 418.4. In any event, the district

court's alternative reasons for denying an acceptance of

responsibility adjustment -- essentially that defendant had

sought to minimize his role in the September 15, 1993

negotiations and viewed himself as the "victim" of drug

addiction and a friend working for the DEA -- are adequately

supported by the record and are appropriate reasons for

denying the adjustment. See United States v. Reyes, 927 F.2d ___ _____________ _____

48, 51 (1st Cir. 1991); United States v. Royer, 895 F.2d 28 ______________ _____

(1st Cir. 1990).

Defendant is not entitled to a reduction for not

obstructing justice. U.S.S.G. 3C1.1.

The judgment is summarily affirmed. Loc. R. 27.1. ________





















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Source:  CourtListener

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