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United States v. Tavares, 95-1403 (1996)

Court: Court of Appeals for the First Circuit Number: 95-1403 Visitors: 10
Filed: Jul. 08, 1996
Latest Update: Mar. 02, 2020
Summary: Circuit Judges., ________________, Donald K. Stern, United States Attorney, Paula J. DeGiacomo and, _______________ __________________, George W. Vien, Assistant United States Attorneys, on brief for, ________________, appellee.below, we find no error.cocaine rather than kilograms.
USCA1 Opinion









July 8, 1996
[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________


No. 95-1403


UNITED STATES,

Appellee,

v.

RAFAEL TAVARES,

Defendant, Appellant.

____________________


APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Patti B. Saris, U.S. District Judge] ___________________

____________________

Before

Selya, Cyr and Boudin,
Circuit Judges. ______________

____________________

Ronald Ian Segal on brief for appellant. ________________
Donald K. Stern, United States Attorney, Paula J. DeGiacomo and _______________ __________________
George W. Vien, Assistant United States Attorneys, on brief for ________________
appellee.


____________________


____________________




Per Curiam. Defendant pled guilty and was ___________













sentenced to a six-year term of imprisonment for a violation

of 21 U.S.C. 846. On appeal he argues for the first time

that the district court erred in permitting the government to

point out an error in the presentence investigation report

(PSI) after the time for doing so pursuant to Fed. R. Crim.

P. 32(b)(6)(B) had passed. This objection not having been

made below, it is reviewed for plain error only. See United ___ ______

States v. Peppe, 80 F.3d 19, 22 (1st Cir. 1996). After ______ _____

careful review of the parties' briefs and the entire record

below, we find no error. Pursuant to Fed. R. Crim. P.

32(b)(6)(D), the district court had the discretion to

consider at the time of sentencing the government's objection

to the PSI's manifestly mistaken reference to grams of

cocaine rather than kilograms. Based on the entire record of

sentencing, which reveals the defendant unquestionably

accountable for up to 100 kilograms of cocaine, we find no

abuse of discretion in the district court's implicit finding

of good cause to allow the government's tardy objection.

Affirmed. See Loc. R. 27.1. ________ ___















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Source:  CourtListener

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