U.S. v. ROJAS-TAPIA

No. 04-1846.

446 F.3d 1 (2006)

UNITED STATES of America, Appellee, v. Jesus ROJAS-TAPIA, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided April 11, 2006.


Attorney(s) appearing for the Case

Raúl S. Mariani-Franco, for appellant.

Thomas F. Klumper, Assistant United States Attorney, with whom H.S. Garcia, United States Attorney, and Nelson Pérez-Sosa, Assistant United States Attorney, were on brief, for appellee.

Before BOUDIN, Chief Judge, CYR, Senior Circuit Judge, and LYNCH, Circuit Judge.


CYR, Senior Circuit Judge.

Jesus Rojas-Tapia appeals the conviction and sentence resulting from his participation in a conspiracy to commit airline piracy and his use of a semiautomatic firearm, contending that (i) the district court erred in denying his motion to suppress the inculpatory post-arrest statements he made to the police, and (ii) we must vacate the ensuing Guidelines sentence and remand for resentencing under the new "advisory" Guidelines regime prescribed...

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