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U.S. v. FUENTES-VAZQUEZ

No. 94-1760.

52 F.3d 394 (1995)

UNITED STATES of America, Appellee, v. Josue FUENTES-VAZQUEZ, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided April 28, 1995.

Attorney(s) appearing for the Case

Gabriel Hernandez Rivera, San Juan, PR, for appellant.

Antonio R. Bazan, Asst. U.S. Atty., Hato Rey, PR, with whom Guillermo Gil, U.S. Atty., Washington, DC, Jose A. Quiles-Espinosa, Senior Litigation Counsel, Joseph J. Frattallone, Asst. U.S. Atty., Hato Rey, PR, were on brief, for appellee.

Before TORRUELLA, Chief Judge, COFFIN, Senior Circuit Judge, and CYR, Circuit Judge.

COFFIN, Senior Circuit Judge.

Appellant Josue Fuentes Vazquez claims that the district court erred in departing upward from the guidelines when it sentenced him for carjacking. Finding the departure both legally permissible and factually supportable, we affirm.

I. Factual Background

Some basic facts are not in dispute. On February 1, 1994, Fuentes and an accomplice attempted an ill-fated carjacking in a heavily congested commercial section...

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