U.S. Court of Appeals for the First Circuit, 1993

United States v. Junquera de Rivera

United States v. Junquera de Rivera
U.S. Court of Appeals for the First Circuit · Decided January 8, 1993

United States v. Junquera de Rivera

Opinion

January 8, 1993 [NOT FOR PUBLICATION] [NOT FOR PUBLICATION] UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT

No. 92-2112 UNITED STATES OF AMERICA, Appellee, v. BEATRIZ JUNQUERA DE RIVERA, Defendant, Appellant.

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE [Hon. Morton A. Brody, U.S. District Judge]

Before Torruella, Selya and Stahl, Circuit Judges.

J. Hilary Billings for appellant.

Margaret D. McGaughey, Assistant United States Attorney, with whom Richard S. Cohen, United States Attorney, and Jay P. McCloskey, Assistant United States Attorney, were on brief, for the United States.

Per Curiam. This is a guideline sentencing appeal. We

have carefully reviewed the appellant's objections to the district court's determination of her offense level and guideline sentencing range (which, in turn, led to her sentence). Having in mind, particularly, that a criminal defendant must carry the burden of proving her entitlement to downward adjustments in the presumptively applicable offense level, see, e.g., United States

v. Ocasio, 914 F.2d 330, 332 (1st Cir. 1990), and that a

deferential standard of review applies to factbound determinations under the sentencing guidelines, see, e.g., United

States v. Ruiz, 905 F.2d 499, 508 (1st Cir. 1990) (holding that

"where there is more than one plausible view of the circumstances, the sentencing court's choice among supportable alternatives cannot be clearly erroneous"), we see no sound basis for overturning the lower court's findings.

We need go no further. We have said before that "[s]entencing appeals prosecuted . . . in the tenuous hope that lightning may strike ought not to be dignified with exegetic opinions, intricate factual synthesis, or full-dress explications of accepted legal principles." United States v. Ruiz-Garcia, 886 F.2d 474, 477 (1st Cir. 1989). So it is here.

The judgment of conviction and the sentence imposed are

affirmed. See 1st Cir. Loc. R. 27.1.

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