United States v. Vazquez-Cardona ( 1998 )

[NOT FOR PUBLICATION--NOT TO BE CITED AS PRECEDENT] United States Court of Appeals For the First Circuit No. 97-1657 UNITED STATES, Appellee, v. COLLIER VAZQUEZ-CARDONA, A/K/A CHINCO, Defendant, Appellant. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO [Hon. Jos Antonio Fust, U.S. District Judge] Before Torruella, Chief Judge, Lynch and Lipez, Circuit Judges. Gabriel Hernndez-Rivera, by appointment of the Court, for appellant. Grace Chung Becker, Trial Attorney, Narcotic and Dangerous Drug Section, Criminal Division, U.S. Department of Justice, with whom James K. Robinson, Assistant Attorney General, Criminal Division, U.S. Department of Justice, and Theresa M.B. Van Vliet, Chief, Narcotic and Dangerous Drug Section, Criminal Division, U.S. Department of Justice, were on brief, for appellee. November 10, 1998 Per Curiam. This is an appeal from a sentence imposed after defendant pled guilty pursuant to an agreement. Defendant- appellant argues on appeal that the sentence was in error in that he was a minor participant and should therefore have been given a two point reduction in his Base Offense Level. Assuming dubitante that there is any jurisdiction over this appeal in light of defendant's agreement that the Base Offense Level would be 36 and he would be entitled to no other reduction than the three level adjustment for acceptance of responsibility, we nonetheless affirm. There is adequate evidence that the defendant was not a minor participant.