United States v. Tavares ( 1996 )

USCA1 Opinion

          July 8, 1996

                                [NOT FOR PUBLICATION]



                            UNITED STATES COURT OF APPEALS

                                FOR THE FIRST CIRCUIT

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        No. 95-1403





                                    UNITED STATES,



                                      Appellee,



                                          v.



                                   RAFAEL TAVARES,



                                Defendant, Appellant.



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                     APPEAL FROM THE UNITED STATES DISTRICT COURT



                          FOR THE DISTRICT OF MASSACHUSETTS



                      [Hon. Patti B. Saris, U.S. District Judge]
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                                 ____________________



                                        Before



                                Selya, Cyr and Boudin,

                                   Circuit Judges.
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            Ronald Ian Segal on brief for appellant.
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            Donald K. Stern,  United States  Attorney, Paula J. DeGiacomo  and
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        George  W.  Vien, Assistant  United  States  Attorneys,  on brief  for
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        appellee.





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                      Per  Curiam.     Defendant  pled  guilty  and   was
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            sentenced to a six-year term of  imprisonment for a violation



            of 21 U.S.C.    846.  On appeal he argues  for the first time



            that the district court erred in permitting the government to



            point out  an error  in the presentence  investigation report



            (PSI) after the time for doing  so pursuant to Fed. R.  Crim.



            P. 32(b)(6)(B)  had passed.   This objection not  having been



            made below, it is reviewed for plain error only.  See  United
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            States  v. Peppe,  80 F.3d  19, 22  (1st Cir.  1996).   After
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            careful review of the  parties' briefs and the entire  record



            below,  we find  no  error.   Pursuant  to Fed.  R.  Crim. P.



            32(b)(6)(D),   the  district  court  had  the  discretion  to



            consider at the time of sentencing the government's objection



            to  the  PSI's  manifestly  mistaken reference  to  grams  of



            cocaine rather than kilograms.  Based on the entire record of



            sentencing,  which  reveals   the  defendant   unquestionably



            accountable  for up to 100  kilograms of cocaine,  we find no



            abuse of discretion in  the district court's implicit finding



            of good cause to allow the government's tardy objection.



                      Affirmed.  See Loc. R. 27.1.
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