U.S. v. VARGAS

No. 08-1377.

560 F.3d 45 (2009)

UNITED STATES of America, Appellee, v. Victor VARGAS, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided March 17, 2009.


Attorney(s) appearing for the Case

Edward J. O'Brien and O'Donnell, Trossello & O'Brien, LLP, on brief, for appellant.

Michael J. Sullivan, United States Attorney, and Sandra S. Bower, Assistant United States Attorney, on brief, for appellee.

Before LYNCH, Chief Judge, SELYA and BOUDIN, Circuit Judges.


SELYA, Circuit Judge.

Defendant-appellant Victor Vargas pleaded guilty to a charge of conspiring to possess with intent to distribute five or more kilograms of cocaine. See 21 U.S.C. §§ 841(a)(1), 846. The district court sentenced him to an 87-month term of immurement.

In this venue, he advances three claims of sentencing error. These claims relate to (i) the court's refusal to grant a downward role-in-the-offense adjustment; (ii) its ostensible...

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