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U.S. v. RIVERA

No. 95-2186.

83 F.3d 542 (1996)

UNITED STATES of America, Appellee, v. Reynaldo Vazquez RIVERA, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided May 21, 1996.

Attorney(s) appearing for the Case

Gustavo A. Gelpi, Assistant Federal Public Defender, Old San Juan, with whom Benicio Sanchez Rivera, Federal Public Defender, San Juan, was on brief, for appellant.

Edwin O. Vazquez, Assistant United States Attorney, Hato Rey, with whom Guillermo Gil, United States Attorney, Hato Rey, and Jose A. Quiles Espinosa, Senior Litigation Counsel, San Juan, were on brief, for appellee.

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

COFFIN, Senior Circuit Judge.

Defendant Reynaldo Vazquez Rivera was convicted of carjacking in violation of 18 U.S.C. § 2119. He claims that the district court committed two errors: first, by allowing the jury to hear evidence that he raped the carjacking victim and, second, by increasing his sentence based on a finding that the rape constituted "serious bodily injury" within the meaning of the statute's enhancement provision.1

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