United States v. Martinez ( 1999 )

USCA1 Opinion

      [NOT FOR PUBLICATION--NOT TO BE CITED AS PRECEDENT]

                 United States Court of Appeals

                     For the First Circuit











No. 97-2343



                          UNITED STATES,



                            Appellee,



                                v.



         DAVID ANTONIO MARTINEZ A/K/A WILSON RAFAEL DUME,



                      Defendant, Appellant.







           APPEAL FROM THE UNITED STATES DISTRICT COURT



                FOR THE DISTRICT OF MASSACHUSETTS



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







                              Before



                      Selya, Circuit Judge,

                 Bownes, Senior Circuit Judge,

                   and Stahl, Circuit Judge.









     Darla J. Mondou on brief for appellant.

     Donald K. Stern, United States Attorney, and Dina Michael

Chaitowitz, Chief of Appeals, on Motion for Summary Disposition for

appellee.











February 25, 1999















     Per Curiam.  Upon careful review of the record, appellant's

brief, and the government's motion for summary disposition, we

conclude that this appeal clearly presents no substantial question.

Appellant forfeited his argument in the district court, and so we

apply only plain error review.  See United States v. Olano, 507

U.S. 725, 732, 736 (1993).  Even had the district court erred in

assessing a sixth criminal history point, any such error certainly

was not "plain," and it had no discernible effect on appellant's

rights.  Therefore, we will not overturn the sentence imposed by

the district court.

     The government's motion is granted.

     Affirmed.  See 1st Cir. Loc. R. 27.1.



























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