Scribd Logo
Upload

Welcome to Scribd!

  • Cetina Gomez v. United States, 50 F.3d 1, 1st Cir. (1995)

    Uploaded by

    Scribd Government Docs
    10 views2 pages
    Cesar Augusto Cetina-Gomez appealed the denial of his motion to reduce his 78-month prison sentence for cocaine smuggling offenses. He argued his sentence should be reduced under a 1993 amendment to the sentencing guidelines that excluded weight of materials separated from controlled substances before use. The district court found the amendment did not apply to Cetina-Gomez because his sentence was based on the net weight of cocaine mixtures in usable form. Upon review, the appeals court affirmed, as Cetina-Gomez provided no evidence the cocaine was not usable when seized.

    Original Description:

    Filed: 1995-03-28 Precedential Status: Non-Precedential Citations: 50 F.3d 1 Docket: 94-1273

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    Cesar Augusto Cetina-Gomez appealed the denial of his motion to reduce his 78-month prison sentence for cocaine smuggling offenses. He argued his sentence should be reduced under a 1993 amendment to the sentencing guidelines that excluded weight of materials separated from controlled substances before use. The district court found the amendment did not apply to Cetina-Gomez because his sentence was based on the net weight of cocaine mixtures in usable form. Upon review, the appeals court affirmed, as Cetina-Gomez provided no evidence the cocaine was not usable when seized.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    10 views2 pages

    Cetina Gomez v. United States, 50 F.3d 1, 1st Cir. (1995)

    Uploaded by

    Scribd Government Docs
    Cesar Augusto Cetina-Gomez appealed the denial of his motion to reduce his 78-month prison sentence for cocaine smuggling offenses. He argued his sentence should be reduced under a 1993 amendment to the sentencing guidelines that excluded weight of materials separated from controlled substances before use. The district court found the amendment did not apply to Cetina-Gomez because his sentence was based on the net weight of cocaine mixtures in usable form. Upon review, the appeals court affirmed, as Cetina-Gomez provided no evidence the cocaine was not usable when seized.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    of 2

    50 F.

    3d 1

    NOTICE: First Circuit Local Rule 36.2(b)6 states unpublished


    opinions may be cited only in related cases.
    Cesar Augusto Cetina GOMEZ, Petitioner, Appellant,
    v.
    UNITED STATES of America, Respondent, Appellee.
    No. 94-1273.

    United States Court of Appeals,


    First Circuit.
    March 28, 1995.

    Appeal from the United States District Court for the District of Puerto
    Rico [Hon. Jose Antonio Fuste, U.S. District Judge ]
    Cesar Augusto Cetina Gomez on brief pro se.
    Guillermo Gil, United States Attorney, Warren Vazquez, Assistant United
    States Attorney, and Jos e A. Quiles-Espinosa, Senior Litigation Counsel,
    on brief for appellee.
    D.Puerto Rico
    AFFIRMED.
    Before TORRUELLA, Chief Judge, SELYA and BOUDIN, Circuit
    Judges.
    PER CURIAM.

    Appellant Cesar Augusto Cetina-Gomez was convicted of various offenses


    related to an effort at cocaine smuggling and sentenced to, inter alia, seventyeight months' imprisonment. He appeals a district court order that summarily
    denied his 28 U.S.C. Sec. 2255 motion to reduce that sentence. Appellant
    contends that the district court erred by refusing to reduce his sentence under an
    amendment to the United States Sentencing Guidelines that was enacted
    approximately two years after he was sentenced. See United States Sentencing

    Commission, Guidelines Manual Sec. 2D1.1(c), Application Note 1 (Nov.


    1993)(providing that weight of materials that must be separated from a
    controlled substance before it can be used are to be excluded from sentencing
    calculations). The district court determined that this amendment did not apply
    to appellant because his sentence was based on the net weights of mixtures that
    contained cocaine in a usable form. We have thoroughly reviewed the record
    and the parties' briefs on appeal. We hold that the district court's analysis is
    correct. Appellant has failed to come forward with any evidence that the
    cocaine which he was carrying was not in a usable form when seized. The
    portions of the record that are before us indicate to the contrary. Accordingly,
    the judgment of the district court is affirmed. See Local Rule 27.1.

    You might also like