United States v. Wilson Lopez

• Court: Court of Appeals for the First Circuit
• Decided: August 18, 1998
• Docket: 98-1210
• Status: Published

Opinion

USCA1 Opinion

      [NOT FOR PUBLICATION--NOT TO BE CITED AS PRECEDENT]

                 United States Court of Appeals

                     For the First Circuit


No. 98-1210



                          UNITED STATES,



                            Appellee,



                                v.



            JUAN CARLOS GONZALEZ-RIVERA, A/K/A PACHI,



                      Defendant, Appellant.


APPEAL FROM THE UNITED STATES DISTRICT COURT



                 FOR THE DISTRICT OF PUERTO RICO



          [Hon. Jose Antonio Fuste, U.S. District Judge]


Before



                     Torruella, Chief Judge,

               Selya and Boudin, Circuit Judges.


Irma R. Valldejuli on brief for appellant.   


August 18, 1998


Per Curiam.  Upon careful review of appellant's brief, we

conclude that this appeal presents no substantial issue and is

appropriate for summary disposition.  See 1st Cir. Loc. R. 27.1. 

Accordingly, we sever this appeal (No. 98-1210) from the other

appeals (Nos. 98-1211 and 98-1212) with which it previously was

consolidated.

     Notwithstanding defendant's inference of a retaliatory motive

for the district court's choice of a sentence in the middle of the

applicable guideline range, this court has no jurisdiction to

review a sentence within the applicable range, if that range was

correctly determined.  United States v. Panet-Collazo, 960 F.2d

256, 261 (1st Cir. 1992).  Here, the sentence was within the

applicable range, as to which there is no dispute.  Therefore, we

lack jurisdiction to consider this appeal.

     Appeal dismissed.


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