United States v. Sanchez ( 1997 )

[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 97-1086
UNITED STATES,
Appellee,
v.
WILLIE SANCHEZ,
Defendant, Appellant.
No. 97-1087
UNITED STATES,
Appellee,
v.
DAVID RIVERA,
A/K/A KENNETH BAKER,
A/K/A CHRISTOPHER TOLAN,
Defendant, Appellant.
APPEALS FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
[Hon. Mary M. Lisi, U.S. District Judge]
Before
Torruella, Chief Judge,
Selya and Stahl, Circuit Judges.
Louis F. Robbio and Robbio & Nottie Ltd. on brief for appellant
Willie Sanchez, alias William Sanchez.
Martin D. Harris on brief for appellant David Rivera.
Sheldon Whitehouse, United States Attorney, and Richard W. Rose,
Assistant United States Attorney, on brief for appellee.
December 31, 1997
Per Curiam. Upon careful review of the record and
briefs in these companion appeals, we find no reason to set
aside appellants' respective sentences. Contrary to
appellants' arguments, the district court's calculation of
the intended loss reveals no clear error, in light of the
number of ESN-MIN pairs in defendants' possession and the
expert testimony and other evidence as to average losses
incurred per pair. See United States v. Watson, 118 F.3d
1315, 1319 (9th Cir. 1997). The adjustment for appellant
Rivera's managerial role in the offense also was adequately
supported, notwithstanding Rivera's present attack on his own
credibility.
Affirmed. See 1st Cir. Loc. R. 27.1.
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