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United States v. Gell, 97-1685 (1998)

Court: Court of Appeals for the First Circuit Number: 97-1685 Visitors: 2
Filed: Feb. 04, 1998
Latest Update: Mar. 02, 2020
Summary: Defendant, Appellant.Circuit Judges.________________ _____________________, and Helene Kazanjian Assistant United States Attorneys, on brief for, appellee.on appeal and the submissions of the parties, and we affirm.of reasons that the court relied on that evidence.States v. Van, 87 F.3d 1 (1st Cir.
USCA1 Opinion












[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________


No. 97-1685


UNITED STATES,

Appellee,

v.

DAVID GELL,

Defendant, Appellant.

____________________


APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MAINE

[Hon. D. Brock Hornby, U.S. District Judge] ___________________

____________________

Before

Boudin, Stahl and Lynch,
Circuit Judges. ______________

____________________

Thomas V. Laprade and Lambert, Coffin, Rudman & Hochman on brief _________________ _________________________________
for appellant.
Jay P. McCloskey, United States Attorney, Margaret D. McGaughey, ________________ _____________________
and Helene Kazanjian Assistant United States Attorneys, on brief for
appellee.


____________________

February 4, 1998
____________________















Per Curiam. We have thoroughly reviewed the record __________

on appeal and the submissions of the parties, and we affirm.

Since the government's witness at sentencing testified that

he had purchased at least five kilograms of cocaine from the

appellant during 1995 alone, and that appellant had sold

cocaine to the witness on several other occasions, there was

no clear error in the sentencing court's conclusion that

appellant was responsible for the distribution of at least

five kilograms. United States v. Lindia, 82 F.3d 1154, 1159 ________________________

(1st Cir. 1996) (sentencing court must make credibility

determinations, and reviewing court will only set those aside

for clear error). It is apparent from the sentencing

transcript and from the sentencing court's written statement

of reasons that the court relied on that evidence. United ______

States v. Van, 87 F.3d 1 (1st Cir. 1996). Thus, the court _____________

properly adopted a base offense level of 32, pursuant to

U.S.S.G. 2D1.1(c)(4).

Affirmed. Loc. R. 27.1. _________

















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Source:  CourtListener

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