October 19, 1995 [NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 95-1258
UNITED STATES,
Appellee,
v.
RAMON HERNANDEZ COPLIN,
Defendant, Appellant.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Jose Antonio Fuste, U.S. District Judge]
Before
Torruella, Chief Judge,
Boudin and Stahl, Circuit Judges.
Benicio Sanchez Rivera, Federal Public Defender, and Laura
Maldonado Rodriguez, Assistant Federal Public Defender, on brief for
appellant.
Guillermo Gil, United States Attorney, Edwin O. Vazquez and
Nelson Perez-Sosa, Assistant United States Attorneys, on brief for
appellee.
Per Curiam. We reject appellant's arguments
essentially for the reasons explained in United States v.
Garafano, 61 F.3d 113, 116-17 (1st Cir. 1995). In remanding
for "resentencing on the premise that the point of departure
is a combined offense level of 13," United States v.
Hernandez-Coplin, 24 F.3d 312, 320 (1st Cir.), cert. denied,
115 S. Ct. 378 (1994), we permitted the district court to
forego holding a new sentencing hearing, for we stated that
"[r]esentencing in this instance requires no additional
evidence and is only a small administrative burden." Id. at
320. We see no unfairness or violation of appellant's
constitutional rights in our approach. Appellant had a full
opportunity to present mitigating evidence and arguments when
he was initially sentenced. The technical nature of our
remand did not change the nature of the information relevant
to sentencing or warrant affording defendant a second
opportunity to repeat, or enlarge upon, what he had earlier
presented.
Affirmed. Loc. R. 27.1.
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