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Montanez-Anaya v. United States, 1st Cir. (1997)
Montanez-Anaya v. United States, 1st Cir. (1997)
No. 96-1678
Plaintiff, Appellant,
v.
Defendant, Appellee.
____________________
____________________
Before
____________________
United
States
Attorney,
Nelson
Perez-So
_________________
____________________
Per Curiam.
___________
Convicted
on drug
charges,
Jose
Ivan
Montanez-Anaya
appeals
summarily dismissed
28
U.S.C.
appellant
failing to
ground
court
Appellant maintains
ineffective assistance
testify
participant
district
2255.
counsel rendered
in
support
adjustment
seek
under
a departure
of
his
U.S.S.G.
that
that
his defense
by failing to
claim
for a
3B1.2(b)
under U.S.S.G.
the human
judgment
have
minor
and
5H1.4 on
by
the
immunodeficiency virus
(HIV).1
1
This court
has thoroughly
parties' briefs on
not expressly
appeal.
Although the
properly dismissed.
The
and the
offered
at
sentencing
does
not
show
that
reasonable probability
that he
participant adjustment
had he testified.
the
cases that
appellant has
there
is
a minor
Moreover, none of
cited support
his contention
____________________
Physical
condition ... is
applicable
extraordinary
guideline
range.
However,
an
be a reason
e.g., in
____
defendant, home
the
case of
a seriously
detention may be
-2-
infirm
as efficient as,
Defense
matter of law.2
2
to seek a
5H1.4 departure.
Having
such a departure
the
defendant's
condition
physical impairment."
F.3d
has
resulted
in
an
"extraordinary
721, 728 (8th Cir. 1995), cert. denied, 116 S. Ct. 1031
_____ ______
Cir.),
v. Woody,
_____
55
F.3d 1257,
1275
(7th
Thomas,
______
Streat,
______
alleged
no
facts
to
suggest
that
his
United States v.
_____________
1995).
Appellant
condition
even
See,
___
e.g., United States v. Acha, 910 F.2d 28, 32 (1st Cir. 1990).
____ _____________
____
____________________
2To the
2
fact-bound.
1993).
711,
713
(5th
v. Garvey,
______
905
1989);
United States
______________
v.
3Appellant's
3
objections to the
indicate that he is
be released
to
avoid
sufferers in prison.
the
hardships that
may
seeks to
attend
HIV
5H1.4 departure.
-3-
-4-