Documente Academic
Documente Profesional
Documente Cultură
No. 92-1722
UNITED STATES OF AMERICA,
Appellee,
v.
RICARDO JOSE NOCHE,
Defendant, Appellant.
___________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Raymond L. Acosta, U.S. District Judge]
___________________
____________________
Before
Torruella, Circuit Judge,
_____________
Campbell, Circuit Judge,
_____________
Skinner,* District Judge.
______________
____________________
Laura
Maldonado-Rodr guez,
Assistant
Federal
Public
___________________________
Defender,
with whom Benicio S nchez-Rivera, Federal Public
_______________________
Defender, was on brief for appellant.
Jeanette Mercado-R os, Assistant United States Attorney,
______________________
with whom Daniel F. L pez-Romo, United States Attorney, and Jos
_____________________
____
A. Quiles-Espinosa, Senior Litigation Counsel, were on brief for
__________________
appellee.
____________________
____________________
____________________
*
Per Curiam.
__________
defendants pled
guilty to
intentional possession
to distribute.
appellant
to
court erred in
months
abetting the
of 2,000 pounds of
On May
78
aiding and
in prison,
knowing and
district court
five
years
sentenced
of supervised
refusing to
grant a downward
adjustment to
his
3B1.2(a) and
(b) respectively.
Appellant has the burden
1990).
group"
are entitled
participant,
(quoting
minor
to
U.S. v.
____
U.S.S.G.
participant a
average participant.
of those involved in
a
downward
DiIorio, 948
_______
3B1.2(a), Application
defendant must
U.S.
____
are "plainly
the conduct of a
adjustment
F.2d 1,
as
5 (1st
minimal
Cir. 1991)
be less
F.2d
to be a
culpable than
the
1 (1st
Cir. 1991).
played a
minor or
minimal role
his
co-defendants were
pounds of marijuana;
intent
to
offense under
in an
contained 2,000
possession with
distribute that
on
a vessel
marijuana,
and
expected $3,000
in
return.
In
addition, during
his plea,
appellant acknowledged
smuggle marijuana.
appellant never
his co-defendants.
alleged
that he
less
was
scheme in
could point to no
alleged scheme.
He
were part of
that if there
have been a
to
prove a
larger
criminal scheme
that
charged offense.
and
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