U.S. v. JOYCE

No. 94-2235.

70 F.3d 679 (1995)

UNITED STATES, Appellee, v. Robert Emmett JOYCE, Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided November 27, 1995.


Attorney(s) appearing for the Case

Kimberly Homan, by Appointment of the Court, with whom Sheketoff & Homan, Boston, MA, was on brief for appellant.

James B. Farmer, Assistant United States Attorney, with whom Donald K. Stern, United States Attorney, was on brief for appellee.

TORRUELLA, Chief Judge, STAHL, Circuit Judge, and DOMÍNGUEZ, District Judge.


DOMÍNGUEZ, District Judge.

Defendant Robert Emmett Joyce ("Joyce") challenges the imposition in his sentence of a three-level upward adjustment, pursuant to U.S.S.G. § 3B1.1(b). Joyce seeks to have the adjustment reversed and the matter remanded for resentencing.

We hold that the lower court's imposition of the three-level upward adjustment, based on Joyce's role in the offense, is warranted. Consequently, we affirm.

I. BACKGROUND

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