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United States v. Rosales, 1st Cir. (1996)
United States v. Rosales, 1st Cir. (1996)
____________________
No. 95-1192
UNITED STATES,
Appellee,
v.
ROBERTO ROSALES,
Defendant, Appellant.
____________________
____________________
Before
____________________
United States
Litigation Counsel,
Assistant Uni
____________________
____________________
Per Curiam.
___________
19 F.3d 763
(1st
on
U.S.C.
failure to provide a
On remand,
Defendant
the imposition of a
obstruction
upward
the lower
that (1)
3C1.1 for
departure was
unreasonable.
As
neither contention
Extended
discussion
is
unnecessary.
The
3C1.1
that
conclusion
conduct charged.
U.S. 87, 98
accused
See,
___
(1993) ("Upon
has committed
perjury at
concluding,
perjury:
the court
"whether
Campbell, 61 F.3d
________
trial, an
the correct
defendant
a material
976, 984
determination that
legal test
intentionally
matter."
In so
for
gave false
United States v.
______________
-2-
the
enhancement of
Sentencing Guidelines.").
applied
the
testimony concerning
a proper
507
Its
findings
adequately
encompassed
predicates.
See, e.g.,
___ ____
84
(1st Cir.
1994)
comprehensive than
were
all
the
necessary
(rejecting challenge
those issued
adequately supported
pertaining
of
to specific
here).
by the
factual
F.3d 79,
to findings
And
record.
less
those findings
Indeed, as
the
allegations
of
personal
conduct--
belied
any
attributable
suggestion
to
that
his inaccurate
"confusion,
mistake,
or
testimony
faulty
was
memory."
on by
relied
ground a departure.1
1
was factually
earlier
unsupported.
argument
unexplained.
that
And
the
he does
degree
Instead, he insists
not reiterate
of
imposed
departure
The district
either factor
his
was
of
We disagree.
increase over
ceiling of 57
____________________
1
1
factors:
the
fact
four
additional
on two
victims
were
multiple occasions.
account
It
ended
up adding
four
levels
to
eight levels.
-3-
months.
Such a
departure,
deemed anomalous;
while
substantial, cannot
be
of even greater
to
380%
over
reasonable).
the
the
And
applicable
respective
increases of from
GSR
ceilings
40-year
court's explanation
statutory
were
165%
deemed
maximum.
Given
of
these
degree of
departure,
and given
that is accorded
such a
Cir. 1996), we
are unprepared
to say that
the court
(1st
acted
unreasonably.2
2
____________________
2
2
Defendant
has listed
some five
other issues
in his
"statement
of issues,"
respect thereto.
but
has provided
no argument
with
See,
___
-4-