HERNANDEZ

v.

COLORADO

Citator

Cited By

• United States v. Miles Davis Saunders, 973 F.2d 1354 (7th Cir. 1992)
  …policy of punishing those who elect to stand trial, despite the fact that leniency is more often granted to defendants who accept responsibility by pleading guilty. Accord United States v. Paz Uribe, 891 F. 2d 396, 400 (1st Cir.1989), cert. denied, 495 U.S. 951, 110 S.Ct. 2216, 109 L.Ed.2d 542 (1990); United States v. Parker, 903 F. 2d 91, 106 (2d Cir.1990); United States v. White, 869 F. 2d 822, 826 (5th Cir.) (per curiam), cert. denied, 490 U.S. 1112, 109 S.Ct. 3172, 104 L.Ed.2d 1033 (1989); United State…
• United States v. Nickens, 955 F.2d 112 (1st Cir. 1992)
  …manifest” or “clear” injustice. United States v. Cepeda Penes, 577 F. 2d 754, 759 (1st Cir.1978); Thornburg v. United States, 574 F. 2d 33, 36 n. 5 (1st Cir.1978); see also United States v. Paz Uribe, 891 F. 2d 396, 401 (1st Cir.1989), cert. denied, 495 U.S. 951, 110 S.Ct. 2216, 109 L.Ed.2d 542 (1990) (citations omitted). In Cepeda Penes, appellant sought a new trial because, as here, a juror who sat on his trial was dismissed during impanelment in a subsequent unrelated case for inability to understand E…
• United States v. Lopez-Gil, 965 F.2d 1124 (1st Cir. 1992)
  …, 2 (1st Cir.1991). We have found that a defendant who is a drug courier is not entitled as of right to a reduction of the offense level as a minimal or minor participant. United States v. Paz Uribe, 891 F. 2d 396, 399 (1st Cir.1989), cert. denied, 495 U.S. 951, 110 S.Ct. 2216, 109 L.Ed.2d 542 (1990) (“even if the court found that Paz was only a courier, he would not automatically be entitled to a reduction.”). The Sentencing Guidelines do not obligate a court to adjust for mitigating circumstances but rat…