United States v. Radames Fernandez ( 1998 )

[NOT FOR PUBLICATION--NOT TO BE CITED AS PRECEDENT] United States Court of Appeals For the First Circuit No. 98-1146 UNITED STATES, Appellee, v. DANIELLIETO RADAMES FERNANDEZ, a/k/a Jose Aglaro Rosario, Defendant, Appellant. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE [Hon. Gene Carter, U.S. District Judge] Before Selya, Stahl and Lynch, Circuit Judges. Henry W. Griffin on brief for appellant. Jay P. McCloskey, United States Attorney, George T. Dilworth, Assistant U.S. Attorney, and F. Mark Terison, Assistant U.S. Attorney, on brief for appellee. SEPTEMBER 24, 1998 Per Curiam. Upon careful review of the briefs and record, we perceive no clear error in the district court's application of an enhancement under U.S.S.G. 3C1.1. The enhancement was warranted because, inter alia, defendant provided false information about his identity to the magistrate judge. See 3C1.1, application note 3(f). We reject defendant's arguments that his identity was not "material" information and that he did not provide the false information "willfully." We also perceive no clear error in the district court's denial of a reduction under U.S.S.G. 3E1.1, given the district court's assessment of defendant's credibility and his shifting stories about his responsibility for the drugs. See 3E1.1, application note 4. Affirmed. See 1st Cir. Loc. R. 27.1. -2-