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United States v. Jiminez, 95-1457 (1995)

Court: Court of Appeals for the First Circuit Number: 95-1457 Visitors: 4
Filed: Nov. 29, 1995
Latest Update: Mar. 02, 2020
Summary: Defendant, Appellant.____________________, and Stahl, Circuit Judge.Thomas G. Briody on brief for appellant.__________________ _______________, Assistant United States Attorney, on brief for appellee.Per Curiam.
USCA1 Opinion









November 29, 1995
[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT


____________________


No. 95-1457

UNITED STATES,

Appellee,

v.

JOAQUIN JIMENEZ,

Defendant, Appellant.


____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF RHODE ISLAND

[Hon. Raymond J. Pettine, Senior U.S. District Judge] __________________________

____________________

Before

Torruella, Chief Judge, ___________
Bownes, Senior Circuit Judge, ____________________
and Stahl, Circuit Judge. _____________

____________________

Thomas G. Briody on brief for appellant. ________________
Sheldon Whitehouse, United States Attorney, and Craig N. Moore, __________________ _______________
Assistant United States Attorney, on brief for appellee.


____________________


____________________



















































































Per Curiam. We have carefully reviewed the briefs __________

and record. The district court's remarks, read as a whole,

indicate that regardless whether defendant's state criminal

offenses were concentrated or spread out, the court was not

inclined to exercise its discretion to depart downward

because the fact remained that defendant had engaged in

serious misconduct. Consequently, we reject defendant's

argument that he was sentenced on the basis of materially

inaccurate information.

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

































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Source:  CourtListener

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