United States v. Resto-Diaz

USCA1 Opinion [NOT FOR PUBLICATION--NOT TO BE CITED AS PRECEDENT] United States Court of Appeals For the First Circuit No. 97-2423 UNITED STATES, Appellee, v. OMAR RAFAEL CLAUDIO-PANTOJAS, Defendant, Appellant. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO [Hon. Hector M. Laffitte, U.S. District Judge] Before Torruella, Chief Judge, Boudin and Lipez, Circuit Judges. Robert Godfrey on brief for appellant. Guillermo Gil, United States Attorney, Jose A. Quiles- Espinosa, Senior Litigation Counsel, Camille Velez-Rive, Assistant United States Attorney, on brief for appellee. September 2, 1998 Per Curiam. Upon careful review of the briefs and record, it is apparent that the 405-month term of imprisonment imposed on Count One, violation of 18 U.S.C. 2119(1), exceeded the 180-month statutory maximum applicable to such violations. Accordingly, that aspect of defendant's sentence must be corrected. We reject defendant's contention as to his criminal history category. Defendant's CHC was not inconsistent with the information in the PSR or with the district court's reference to "three felony adjudications whereby the defendant was placed in a juvenile facility for two years." As defendant did not challenge these matters below or ask there for more detailed information, and as no miscarriage of justice is evident from the arguments and papers presented to us, we will not remand on this point. SeeUnited States v. Fuentes-Vazquez, 52 F.3d 394, 396 (1st Cir. 1995). The sentence imposed on Count One under 18 U.S.C. 2119(1) is vacated and remanded to the district court for imposition of the statutory maximum sentence of 180 months. In all other respects and as to all other counts, the sentence is affirmed. -2-