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United States v. Benitez, 98-1048 (1999)

Court: Court of Appeals for the First Circuit Number: 98-1048 Visitors: 4
Filed: May 26, 1999
Latest Update: Mar. 02, 2020
Summary: [NOT FOR PUBLICATION NOT TO BE CITED AS PRECEDENT] United States Court of Appeals For the First CircuitNo. 98-1048 UNITED STATES, Appellee, v. JUAN BENITEZ, Defendant, Appellant. United States v. Jimenez Martinez, 83 F.3d 488, 492 (1st Cir. United States v. Dietz, 950 F.2d 50, 55 (1st Cir.
USCA1 Opinion


       [NOT FOR PUBLICATION NOT TO BE CITED AS PRECEDENT]
United States Court of Appeals
For the First Circuit





No. 98-1048

UNITED STATES,

Appellee,

v.

JUAN BENITEZ,

Defendant, Appellant.



APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Douglas P. Woodlock, U.S. District Judge]



Before

Stahl, Circuit Judge,
Campbell, Senior Circuit Judge,
and Lynch, Circuit Judge.




Juan Benitez on brief pro se.
Donald K. Stern, United States Attorney, and Robert Peabody,
Assistant U.S. Attorney, on brief for appellee.





May 21, 1999






Per Curiam. After carefully reviewing the briefs and
record on appeal, we affirm the judgment below. The district
court's determination that the appellant was accountable for
sufficient quantities of cocaine to support the sentence was
not clearly erroneous. United States v. Jimenez Martinez, 83
F.3d 488, 492 (1st Cir. 1996). The court engaged in an
individualized inquiry into the appellant's involvement with
the cocaine at issue. United States v. Innamorati, 996 F.2d
456, 488-489 (1st Cir. 1993). Appellant's remaining argument
was not raised below and will not be considered for the first
time on appeal. United States v. Dietz, 950 F.2d 50, 55 (1st
Cir. 1991).
Affirmed. Loc. R. 27.1.
Source:  CourtListener

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