101 F.3d 106 (1st Cir. 1996), 96-1146, U.S. v. Cordova Gonzalez

Docket Nº:96-1146.
Citation:101 F.3d 106
Party Name:UNITED STATES, Appellee, v. Antonio Cordova GONZALEZ, a/k/a Poti, a/k/a El Viejo, Defendant, Appellant.
Case Date:November 18, 1996
Court:United States Courts of Appeals, Court of Appeals for the First Circuit
 
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Page 106

101 F.3d 106 (1st Cir. 1996)

UNITED STATES, Appellee,

v.

Antonio Cordova GONZALEZ, a/k/a Poti, a/k/a El Viejo, Defendant, Appellant.

No. 96-1146.

United States Court of Appeals, First Circuit

November 18, 1996

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA1 Rule 36 regarding use of unpublished opinions)

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO [Hon. Juan M. Perez-Gimenez, U.S. District Judge ]

D. Puerto Rico

AFFIRMED.

Carlos Vazquez Alvara, with whom Benicio Sanchez Rivera, Federal Public Defender, and Gustavo A. Gelpi, Jr., Assistant Federal Public Defender, were on brief for appellant.

Nelson Perez Sosa, Assistant United States Attorney, with whom Guillermo Gil, United States Attorney, Jose A. Quiles Espinosa, Senior Litigation Counsel and Edwin O. Vazquez Berrios, Assistant United States Attorney, were on brief for appellee.

Before TORRUELLA, Chief Judge, COFFIN and CAMPBELL, Senior Circuit Judges.

PER CURIAM.

In his appeal from his sentence, appellant contends that the court committed plain error in imposing a $15,000 fine. There was no plain error. The presentence investigation report, while it did not recommend a fine because of defendant's presumed inability to pay it, also indicated that defendant had assets of approximately $21,500 and, in addition, any moneys that he may receive if his ex-wife's bankruptcy case were resolved. We have held that, under the relevant Guidelines, "a fine is the rule--and it is the defendant's burden to demonstrate that his case is an exception." United States v. Savoie, 985 F.2d 612, 620 (1st Cir.1993); see also United States Sentencing Commission, Guidelines Manual, § 5E1.2(a)...

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