[NOT FOR PUBLICATION–NOT TO BE CITED AS PRECEDENT]
United States Court of Appeals
For the First Circuit
No. 99-2072
UNITED STATES,
Appellee,
v.
JULIO QUINONES-MELENDEZ,
Defendant, Appellant.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Salvador E. Casellas, U.S. District Judge]
Before
Torruella, Chief Judge,
Boudin and Lipez, Circuit Judges.
Norberto Colon on brief for appellant.
Guillermo Gil, United States Attorney, Jorge E. Vega-
Pacheco, Assistant United States Attorney, and Nelson Perez-
Sosa, Assistant United States Attorney, on brief for appellee.
July 13, 2000
Per Curiam. After a thorough review of the record
and of the parties’ submissions, we affirm.
Because appellant Julio Quiñones Meléndez
(“Quiñones”) did not object below to the sentencing court’s
findings regarding drug quantity or his role in the offense,
those arguments are forfeited. See United States v. Bayes,
210 F.3d 64, 67 (1st Cir. 2000); Fed. R. Crim. P. 52(b).
Even if they had not been forfeited, they are without merit.
Quiñones admitted under oath at the Rule 11 hearing that he
was guilty of the charge of conspiring to possess more than
five kilograms of cocaine, so we see no clear error in the
court’s decision to credit those sworn admissions. See
United States v. Marrero-Rivera, 124 F.3d 342, 354 (1st Cir.
1997).
As for his role in the offense, this court would
only review for clear error, and we see none. See United
States v. Ortiz-Santiago, 211 F.3d 146, 148-49 (1st Cir.
2000). Quiñones agreed that the adjustment for a “minor”
role under U.S.S.G. § 3B1.2(b) should apply; and because the
government agreed to understate the quantity of drugs for
which Quiñones was to be held responsible, the sentencing
court was entitled to deny him a more generous role in the
offense adjustment. Id. at 149.
Quiñones also complains that he has not been
assigned to serve his sentence in a rehabilitation camp,
despite the recommendation of the sentencing court. But the
authority to assign prisoners to particular facilities lies
solely with the Bureau of Prisons. See 18 U.S.C. § 3621.
Affirmed. 1st Cir. Loc. R. 27(c).
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