US v. Mamoorian
Case Date: 04/13/1998
Court: United States Court of Appeals
Docket No: 98-1030
|
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT ____________________ No. 98-1030 UNITED STATES, Appellee, v. KENNETH MAMOORIAN, Defendant, Appellant. ____________________ APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND [Hon. Ronald R. Lagueux, U.S. District Judge] ____________________ Before Torruella, Chief Judge, Selya and Stahl, Circuit Judges. ____________________ Robert B. Mann and Mann & Mitchell on brief for appellant. Sheldon Whitehouse, United States Attorney, Margaret E. Curran and Edwin J. Gale, Assistant United States Attorneys, on brief for appellee. ____________________ April 9, 1998 __________________ Per Curiam. Upon careful review of the briefs and record, we conclude that the upward departure should be upheld based on under-representation of defendant's criminal conduct. SeeU.S.S.G. 4A1.3. In these circumstances, we need not determine the validity of any additional departure grounds, as we are convinced that excision of the challenged grounds would not have altered the sentence imposed. See United States v. Brewster, 127 F.3d 22, 30 (1st Cir. 1997). We also conclude that the district court did not clearly err in denying an adjustment under U.S.S.G. 3B1.2 for defendant's role in the offense. The finding that defendant's role was neither minimal nor minor was well supported by the information about defendant's multiple cross-country deliveries of large quantities of marijuana. Affirmed. See 1st Cir. Loc. R. 27.1. |