United States v. Rodriguez-Colon ( 1999 )

USCA1 Opinion

       [NOT FOR PUBLICATION NOT TO BE CITED AS PRECEDENT]

                 United States Court of Appeals

                     For the First Circuit











No. 98-1544



                          UNITED STATES,



                            Appellee,



                                v.



               MIGUEL RODRIGUEZ COLON, a/k/a CHIVI,



                      Defendant, Appellant.







           APPEAL FROM THE UNITED STATES DISTRICT COURT



                 FOR THE DISTRICT OF PUERTO RICO



         [Hon. Salvador E. Casellas, U.S. District Judge]







                              Before



                     Selya, Boudin and Lynch,

                         Circuit Judges.









     Luis Rafael Rivera on brief for appellant.

     Guillermo Gil, United States Attorney, Jorge E. Vega-Pacheco,

Assistant United States Attorney, and Nelson Perez-Sosa, Assistant

United States Attorney, on brief for appellee.











June 14, 1999



















            Per Curiam.  Upon careful review of the briefs and

  record, we conclude that the district court did not clearly err

  in sentencing defendant based on the drug quantity to which he

  specifically pled guilty.  Given defendant's plain admissions

  at the plea hearing and the lack of a developed challenge to

  the validity of the plea, defendant will not now be heard to

  argue about the drug quantity.  See United States v. Martinez-

  Martinez, 69 F.3d 1215, 1224 (1st Cir. 1995).  The district

  court was not required, on the record before it, to adopt

  defendant's revised, post-plea version of his involvement with

  the drug shipment.

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