United States v. Raphael

Not for Publication in West's Federal Reporter
Citation Limited Pursuant to 1st Cir. Loc. R. 32.3
United States Court of Appeals
For the First Circuit
No. 05-1447
UNITED STATES OF AMERICA,
Plaintiff, Appellee,
v.
CARLOS RAFAEL,
Defendant, Appellant.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Judith G. Dein, U.S. Magistrate Judge]
Before
Lipez, Circuit Judge,
Coffin, Senior Circuit Judge,
and Carter,* Senior District Judge.
John A. Markey, Jr., and Moses Smith and Markey, LLC, on brief
for appellant.
Peter D. Keisler, Assistant Attorney General, Michael J.
Sullivan, United States Attorney, and Peter G. Myer, Trial
Attorney, on brief for appellee.
November 21, 2005
*
Of the District of Maine, sitting by designation.
Per curiam. After careful review of the record and
consideration of the relevant legal principles, we have concluded
that we are in agreement with the magistrate judge’s thoughtful and
thorough assessment of the facts and law. See United States v.
Rafael, 349 F. Supp.2d 84 (D. Mass. 2004). “[W]hen a trial court
accurately sizes up a case, applies the law faultlessly to the
discerned facts, decides the matter, and articulates a convincing
rationale for the decision, there is no need for a reviewing court
to wax longiloquent.” Vargas-Ruiz v. Golden Arch Dev., Inc., 368
F.3d 1, 2 (1st Cir. 2004); see also Connolly v. H.D. Goodall Hosp.,
Inc., No. 05-1392, 2005 WL 2840653, at *1 (1st Cir. Oct. 31, 2005).
We therefore affirm without further discussion.
Affirmed.
-2-