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United States v. Morales-Martinez, 97-1569 (1997)

Court: Court of Appeals for the First Circuit Number: 97-1569 Visitors: 4
Filed: Nov. 10, 1997
Latest Update: Mar. 02, 2020
Summary: Jose R. Franco Rivera on brief for appellant.______________ ______________________, Chief, Criminal Division, W. Stephen Muldrow, and Rebecca Kellogg-de, __________________ __________________, Jesus, Assistant United States Attorneys, on brief for appellee.weapons adjustment, U.S.S.G.
USCA1 Opinion












[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________


No. 97-1569


UNITED STATES,

Appellee,

v.

CESAR MORALES-MARTINEZ,

Defendant, Appellant.

____________________


APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

[Hon. Daniel R. Dominguez, U.S. District Judge] ___________________

____________________

Before

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

____________________

Jose R. Franco Rivera on brief for appellant. _____________________
Guillermo Gil, United States Attorney, Jorge E. Vega-Pacheco, ______________ ______________________
Chief, Criminal Division, W. Stephen Muldrow, and Rebecca Kellogg-de __________________ __________________
Jesus, Assistant United States Attorneys, on brief for appellee. _____


____________________

November 5, 1997
____________________
















Per Curiam. Upon careful review of the briefs and __________

record presented in this appeal, we perceive no error in the

weapons adjustment, U.S.S.G. 2D1.1(b)(1), applied in

calculating defendant's sentence. That adjustment was

adequately supported by the government's version of the

facts, to which defendant admitted. Defendant's argument

that he did not possess the weapon "in connection with" the

drug transaction is unsupported by the appellate record, and

we will not disturb the district court's findings in that

regard. Further, given the differing circumstances in which

defendant and his co-defendant were arrested, charged, and

pled, we cannot conclude that the differing sentences imposed

upon them amounted to error. Thus we reject defendant's

equal protection argument, as well as his argument that he

should qualify for safety valve relief because his co-

defendant did so.

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



















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Source:  CourtListener

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