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  • United States v. Jiminez, 1st Cir. (1995)

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    The US Court of Appeals for the First Circuit affirmed the district court's judgment in a case involving Joaquin Jimenez. In a per curiam opinion, the appeals court summarized that it carefully reviewed the briefs and record. The district court's remarks, read as a whole, indicated that regardless of whether the defendant's state criminal offenses were concentrated or spread out, the court was not inclined to exercise its discretion to depart downward because the defendant had engaged in serious misconduct. Therefore, the appeals court rejected the defendant's argument that he was sentenced on the basis of materially inaccurate information.

    Original Description:

    Filed: 1995-11-29 Precedential Status: Precedential Docket: 95-1457

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    The US Court of Appeals for the First Circuit affirmed the district court's judgment in a case involving Joaquin Jimenez. In a per curiam opinion, the appeals court summarized that it carefully reviewed the briefs and record. The district court's remarks, read as a whole, indicated that regardless of whether the defendant's state criminal offenses were concentrated or spread out, the court was not inclined to exercise its discretion to depart downward because the defendant had engaged in serious misconduct. Therefore, the appeals court rejected the defendant's argument that he was sentenced on the basis of materially inaccurate information.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    4 views8 pages

    United States v. Jiminez, 1st Cir. (1995)

    Uploaded by

    Scribd Government Docs
    The US Court of Appeals for the First Circuit affirmed the district court's judgment in a case involving Joaquin Jimenez. In a per curiam opinion, the appeals court summarized that it carefully reviewed the briefs and record. The district court's remarks, read as a whole, indicated that regardless of whether the defendant's state criminal offenses were concentrated or spread out, the court was not inclined to exercise its discretion to depart downward because the defendant had engaged in serious misconduct. Therefore, the appeals court rejected the defendant's argument that he was sentenced on the basis of materially inaccurate information.

    Copyright:

    Public Domain
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    USCA1 Opinion

    November 29, 1995


    [NOT FOR PUBLICATION]

    UNITED STATES COURT OF APPEALS


    FOR THE FIRST CIRCUIT

    ____________________

    No. 95-1457

    UNITED STATES,

    Appellee,

    v.

    JOAQUIN JIMENEZ,

    Defendant, Appellant.

    ____________________

    APPEAL FROM THE UNITED STATES DISTRICT COURT

    FOR THE DISTRICT OF RHODE ISLAND

    [Hon. Raymond J. Pettine, Senior U.S. District Judge]


    __________________________

    ____________________

    Before

    Torruella, Chief Judge,


    ___________
    Bownes, Senior Circuit Judge,
    ____________________
    and Stahl, Circuit Judge.
    _____________

    ____________________

    Thomas G. Briody on brief for appellant.


    ________________
    Sheldon Whitehouse,
    __________________

    United States Attorney,

    and Craig N. Moo


    _____________

    Assistant United States Attorney, on brief for appellee.

    ____________________

    ____________________

    Per Curiam.
    __________

    and record.

    The

    We

    have carefully reviewed the briefs

    district court's remarks, read as

    a whole,

    indicate that

    regardless whether defendant's

    state criminal

    offenses were

    concentrated or spread out, the

    court was not

    inclined

    to

    because

    the

    serious

    misconduct.

    argument

    exercise

    its

    fact remained

    that he was

    discretion

    that

    depart

    defendant

    Consequently,

    sentenced on

    to

    we

    had engaged

    reject

    the basis

    downward

    in

    defendant's

    of materially

    inaccurate information.

    The judgment is summarily affirmed.


    ________

    Loc. R. 27.1.

    -2-

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