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U.S. v. RIVERA

Nos. 92-1749, 92-2167.

994 F.2d 942 (1993)

UNITED STATES, Appellee, v. Mirna RIVERA, Defendant, Appellant. UNITED STATES, Appellant, v. Robert ADAMO, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided June 4, 1993.

Attorney(s) appearing for the Case

John M. Cicilline, Providence, RI, for appellant, Mirna Rivera.

Margaret E. Curran, Asst. U.S. Atty., with whom Lincoln C. Almond, U.S. Atty., and Zechariah Chafee, Asst. U.S. Atty., Providence, RI, were on brief, for appellee, U.S. in No. 92-1749.

Margaret E. Curran, Asst. U.S. Atty., with whom Lincoln C. Almond, U.S. Atty., and Seymour Posner, Asst. U.S. Atty., Providence, RI, were on brief, for appellant, U.S. in No. 92-2167.

Eugene V. Mollicone with whom William A. Dimitri, Jr. and Dimitri & Dimitri, Providence, RI, were on brief, for appellee, Robert Adamo.

Before BREYER, Chief Judge, CAMPBELL and BOWNES, Senior Circuit Judges.

BREYER, Chief Judge.

Each of these two appeals concerns the district court's power to impose a sentence that departs from the Sentencing Guidelines. The first case involves Mirna Rivera, a single mother of three small children. Ms. Rivera was convicted of carrying about a pound of cocaine from New York to Providence. She appeals her thirty-three month sentence of imprisonment. She argues that the district court would have departed downward from the minimum thirty...

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