USCA1 Opinion
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________
No. 95-2053
UNITED STATES,
Appellee,
v.
JOSE LUIS MOZO SANCHEZ,
Defendant, Appellant.
____________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Juan M. Perez-Gimenez, U.S. District Judge] ___________________
____________________
Before
Torruella, Chief Judge, ___________
Cyr and Stahl, Circuit Judges. ______________
____________________
Theodore L. Craft on brief for appellant. _________________
Guillermo Gil, United States Attorney, Epifanio Morales-Cruz, _____________ ______________________
Assistant United States Attorney, and Jose A. Quiles Espinosa, Senior _______________________
Litigation Counsel, on brief for appellee.
____________________
August 22, 1996
____________________
Per Curiam. Upon careful review of the briefs and __________
record, it appears that this appeal presents no substantial
question.
We perceive no plain error in the district court's
acceptance of defendant's guilty plea. The evidence of the
overheard phone call does not suggest to us that defendant's
right of privacy was violated, that his plea was involuntary,
or that the district court was required sua sponte to inquire __________
into the matter.
We also perceive no plain error in the sentencing
proceedings related to defendant's medical condition. The
district court postponed sentencing pending the necessary
medical evaluations, and both sides acknowledged at the
sentencing hearing that those evaluations were negative. We
find no basis for resentencing here.
Affirmed. See 1st Cir. Loc. R. 27.1. ________ ___
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