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United States v. Medina Puerta, 95-1383 (1996)

Court: Court of Appeals for the First Circuit Number: 95-1383 Visitors: 6
Filed: Jun. 05, 1996
Latest Update: Mar. 02, 2020
Summary: Defendant, Appellant.Antonio Medina Puerta on brief pro se.________________ _________________, Assistant United States Attorney, on brief for appellee.the district court.States v. Wright, 625 F.2d 1017, 1019 (1st Cir.Federal Sentencing Guidelines applied to this case.considered on appeal.
USCA1 Opinion









June 5, 1996
[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________



No. 95-1383
No. 95-1941

UNITED STATES,

Appellee,

v.

ANTONIO MEDINA PUERTA,

Defendant, Appellant.


____________________

APPEALS FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Robert E. Keeton, U.S. District Judge] ___________________

____________________

Before

Selya, Cyr and Lynch,
Circuit Judges. ______________

____________________

Antonio Medina Puerta on brief pro se. _____________________
Donald K. Stern, United States Attorney, and Timothy Q. Feeley, ________________ _________________
Assistant United States Attorney, on brief for appellee.


____________________


____________________




Per Curiam. Appellant Antonio Medina Puerta appeals the __________













denial by the district court of his motions for a new trial,

pursuant to Fed. R. Crim. P. 33, on the basis of newly

discovered evidence, and for a correction of his sentence,

pursuant to Fed. R. Crim. P. 35. We affirm the decisions of

the district court.

Having carefully reviewed the record in this case, we

find no abuse of the district court's discretion in its

implicit determination that the allegedly newly discovered

evidence presented by appellant was of insufficient weight to

sustain his burden of showing that it would "probably result

in an acquittal upon retrial of the defendant." United ______

States v. Wright, 625 F.2d 1017, 1019 (1st Cir. 1980). ______ ______

Appellant also claims that he is entitled to a

correction of his sentence because the government allegedly

miscalculated what his sentence would have been if the

Federal Sentencing Guidelines applied to this case. This

argument is without merit since there is no evidence that the

district court was influenced by the government's calculation

when the court imposed its sentence in this pre-Guidelines

case. Appellant's other arguments regarding sentencing were

not raised in the district court and hence will not be

considered on appeal. United States v. Carrillo-Figueroa, 34 _____________ _________________

F.3d 33, 39 (1st Cir. 1994).

Affirmed. See 1st Cir. Loc. R. 27.1. ________ ___





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Source:  CourtListener

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