United States v. Savinon

U.S. Court of Appeals for the First Circuit

United States v. Savinon

Opinion

USCA1 Opinion


                         [NOT FOR PUBLICATION]


UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
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No. 97-1813


UNITED STATES OF AMERICA,

Appellee,

v.

ALEJANDRO SAVINON,

Defendant, Appellant.

____________________


APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW HAMPSHIRE

[Hon. Joseph A. DiClerico, U.S. District Judge]

____________________

Before

Boudin, Circuit Judge,
Coffin, Senior Circuit Judge,
and Lynch, Circuit Judge.

____________________

M. Kristin Spath, Assistant Federal Defender, on brief for
appellant.


____________________
March 26, 1998

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Per Curiam. Alejandro Savinon appeals from his conviction
and sentence for conspiring to possess with intent to
distribute and to distribute cocaine and cocaine base.
Appellate counsel has filed a brief pursuant to Anders v.
California, 386 U.S. 738 (1967), and a motion to withdraw.
Counsel has notified Savinon of his right to file a
supplemental brief, but Savinon has not done so. After
thoroughly examining the entire record, we agree that there is
no meritorious ground for appeal.
Savinon pled guilty at a plea hearing which conformed
substantially to Fed. R. Crim. P. 11 requirements. The
presentence report ("PSR") provides factual support for the
district court's calculation of the applicable guideline
imprisonment range. Moreover, Savinon's own version of the
facts -- which was filed with the sentencing court -- accepts
the PSR's quantities of cocaine powder and cocaine base as
accurate. In recognition of Savinon's admission to those
facts, the government moved for -- and the court granted -- a
three-level reduction for acceptance of responsibility under
section 3E1.1 of the United States Sentencing Guidelines, and
a downward departure from the applicable guideline imprisonment
range under 5K1.1. The court's failure to depart further
does not provide a meritorious ground for appeal. See United
States v. McAndrews, 12 F.3d 273, 277 (1st Cir. 1993).

Savinon's conviction and sentence are summarily affirmed.
See Loc. R. 27.1. Appellate counsel's motion to withdraw is
granted.

Reference

Status
Published