Escolar Documentos
Profissional Documentos
Cultura Documentos
No. 93-1923
UNITED STATES OF AMERICA,
Appellee,
v.
TIRSO BOLIVAR GONZALEZ AVALO,
Defendant, Appellant.
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APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MAINE
[Hon. D. Brock Hornby, U.S. District Judge]
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_________________________
Before
Torruella, Circuit Judge,
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Bownes, Senior Circuit Judge,
____________________
and Selya, Circuit Judge.
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_________________________
_________________________
Per Curiam.
Per Curiam.
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conviction of
(Gonzalez),
This
criminal appeal
arises out
of the
Gonzalez Avalo
guilty, the
sentence.
district court
of
See 21 U.S.C.
___
challenges aspects
sentence.
distribute it.
the
computations
a jury
97-month
conviction and
leading
to
his
We affirm.
I
I
Appellant assails his
of
alleged
verdict,
evidentiary
insufficiency.
a reviewing court
ground
guilty
record, drawing
Following
ascertain
government proved
reasonable doubt.
See United
___ ______
1993); United
______
States v. Ortiz, 966 F.2d 707, 711 (1st Cir. 1992), cert. denied,
______
_____
_____ ______
113 S. Ct. 1005 (1993).
proof
by
either
direct
or
circumstantial
evidence.
See
___
910 (1989).
guilty verdict
enough that
the jury's
could
appropriately be
reached;
it is
essence from
___ _________
3
is
more
government's
than
witnesses,
Appellant virtually
witnesses
and
If
the
Gonzalez was
jury
believed
guilty, pure
and simple.
selfish
reasons
for
flaws, drug
finger-pointing.
in the record,
but it
This
credibility
province, see
___
1991), cert.
_____
claim
of
the
addictions,
argument
adequate.
calls
are
within
the
The
jury's
exclusive
evidentiary
insufficiency
that
rests
therefore, a
upon
witness
So it is here.
II
II
Appellant's
fronts.
attack
sentence
advances
on two
district
court erred
criminal activity.
in its
certain
determines
is
that the
his role
in the
criminal endeavors).
this provision
Appellant claims
determination of
See U.S.S.G.
___
under
on his
justified
if
the
court
supportably
of conviction involved
at least
control over
1217, 1220
that
role-in-the-offense adjustment
an
upward
is
warranted."
his brief,
appellant says
that
the increase
was
That suggestion
principal arbiter of
the
goes nowhere.
Just
as the
jury is
States
______
Appellant's Brief at
the judge is
sentencing.
See United
___ ______
the domain
of the
the
district court").
"lie
Consequently, the
Acceptance of Responsibility.
Acceptance of Responsibility.
____________________________
that the
offense level
district court
for acceptance
adjustments for
Cir. 1990).
carry
in
the
acceptance
lower his
See
___
the
burden
U.S.S.G.
offense
of
of
level,
Where,
proving
including
responsibility.
of responsibility.
must
reductions
failing to
We do not agree.
defendant
to
erred in
Finally, appellant
See
___
F.2d 601,
court has
Morillo, 8 F.3d
_______
5
at 871.
It
firmly settled
a
recognition
responsibility'
court's
will not
and
is
affirmative
a
acceptance
fact-dominated issue,
decision to withhold
a reduction
of
and
personal
the
district
in the
offense level
United States
_____________
have
read
the
record
throughout the
find
no
There is
in
no way
a sentencing
of responsibility
skeptical.1
be sure,
To
timely acceptance
and
accepted responsibility in
trial.
that we,
care,
still find a
hard to fault
with
to reduce
here
we must
See,
___
Cir. 1990).
uphold the
appellant's offense
level
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