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  • United States v. Sabater-Lugo, 53 F.3d 327, 1st Cir. (1995)

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    The United States Court of Appeals for the First Circuit affirmed the district court's denial of a sentence reduction for acceptance of responsibility and for not obstructing justice to Jose Sabater-Lugo. The appellate court found that Sabater-Lugo had waived any objection to the denial of an acceptance reduction by failing to timely object to the presentence report as required. Additionally, the district court provided adequate reasons supported by the record for denying the reduction, including that Sabater-Lugo sought to minimize his role and viewed himself as a victim rather than taking responsibility. The appellate court also found that Sabater-Lugo was not entitled to a reduction for not obstructing justice under the sentencing guidelines.

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    Filed: 1995-04-25 Precedential Status: Non-Precedential Citations: 53 F.3d 327 Docket: 94-1650

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    The United States Court of Appeals for the First Circuit affirmed the district court's denial of a sentence reduction for acceptance of responsibility and for not obstructing justice to Jose Sabater-Lugo. The appellate court found that Sabater-Lugo had waived any objection to the denial of an acceptance reduction by failing to timely object to the presentence report as required. Additionally, the district court provided adequate reasons supported by the record for denying the reduction, including that Sabater-Lugo sought to minimize his role and viewed himself as a victim rather than taking responsibility. The appellate court also found that Sabater-Lugo was not entitled to a reduction for not obstructing justice under the sentencing guidelines.

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    United States v. Sabater-Lugo, 53 F.3d 327, 1st Cir. (1995)

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    The United States Court of Appeals for the First Circuit affirmed the district court's denial of a sentence reduction for acceptance of responsibility and for not obstructing justice to Jose Sabater-Lugo. The appellate court found that Sabater-Lugo had waived any objection to the denial of an acceptance reduction by failing to timely object to the presentence report as required. Additionally, the district court provided adequate reasons supported by the record for denying the reduction, including that Sabater-Lugo sought to minimize his role and viewed himself as a victim rather than taking responsibility. The appellate court also found that Sabater-Lugo was not entitled to a reduction for not obstructing justice under the sentencing guidelines.

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    of 2

    53 F.

    3d 327
    NOTICE: First Circuit Local Rule 36.2(b)6 states unpublished opinions may be
    cited only in related cases.

    UNITED STATES, Plaintiff, Appellee,


    v.
    Jose SABATER-LUGO, Defendant, Appellant.
    No. 94-1650.

    United States Court of Appeals,


    First Circuit.
    April 29, 1995.

    Appeal from the United States District Court for the District of Puerto
    Rico [Hon. Gene Carter,* U.S. Chief Judge]
    Eduardo Caballero Reyes on brief for appellant.
    Guillermo Gil, United States Attorney, Miguel A. Pereira, Assistant
    United States Attorney, and Jose A. Quiles-Espinosa, Senior Litigation
    Counsel, on brief for appellee.
    D.Puerto Rico
    AFFIRMED.
    Before TORRUELLA, Chief Judge, SELYA and STAHL, Circuit Judges.
    PER CURIAM.

    Defendant waived any objection to the denial of an adjustment for acceptance


    of responsibility by failing timely to object to the presentence report as required
    by Local Rule 418.4. In any event, the district court's alternative reasons for
    denying an acceptance of responsibility adjustment-essentially that defendant
    had sought to minimize his role in the September 15, 1993 negotiations and
    viewed himself as the "victim" of drug addiction and a friend working for the
    DEA-are adequately supported by the record and are appropriate reasons for
    denying the adjustment. See United States v. Reyes, 927 F.2d 48, 51 (1st Cir.

    1991); United States v. Royer, 895 F.2d 28 (1st Cir. 1990).


    2

    Defendant is not entitled to a reduction for not obstructing justice. U.S.S.G.


    Sec. 3C1.1.

    The judgment is summarily affirmed. Loc. R. 27.1.

    Of the District of Maine, sitting by designation

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