[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 97-1569
UNITED STATES,
Appellee,
v.
CESAR MORALES-MARTINEZ,
Defendant, Appellant.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Daniel R. Dominguez, U.S. District Judge]
Before
Torruella, Chief Judge,
Stahl and Lynch, Circuit Judges.
Jose R. Franco Rivera on brief for appellant.
Guillermo Gil, United States Attorney, Jorge E. Vega-Pacheco,
Chief, Criminal Division, W. Stephen Muldrow, and Rebecca Kellogg-de
Jesus, Assistant United States Attorneys, on brief for appellee.
November 5, 1997
Per Curiam. Upon careful review of the briefs and
record presented in this appeal, we perceive no error in the
weapons adjustment, U.S.S.G. 2D1.1(b)(1), applied in
calculating defendant's sentence. That adjustment was
adequately supported by the government's version of the
facts, to which defendant admitted. Defendant's argument
that he did not possess the weapon "in connection with" the
drug transaction is unsupported by the appellate record, and
we will not disturb the district court's findings in that
regard. Further, given the differing circumstances in which
defendant and his co-defendant were arrested, charged, and
pled, we cannot conclude that the differing sentences imposed
upon them amounted to error. Thus we reject defendant's
equal protection argument, as well as his argument that he
should qualify for safety valve relief because his co-
defendant did so.
Affirmed. See 1st Cir. Loc. R. 27.1.
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