Beruflich Dokumente
Kultur Dokumente
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No. 93-1173
UNITED STATES,
Appellee,
v.
VITAL SAUANE,
Defendant, Appellant.
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APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
[Hon. Francis J. Boyle, Senior U.S. District Judge]
__________________________
___________________
Before
Torruella, Selya and Cyr.
Circuit Judges.
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___________________
_______________
________________
Edwin J. Gale, United States Attorney, Margaret E. Curran
_____________
___________________
and Lawrence D. Gaynor, Assistant United States Attorneys, on
___________________
brief for appellee.
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July 27, 1994
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Per Curiam.
__________
breached
low end
it recommended a
sentence, the
government
U.S.S.G.
sentence
guideline
shall
did
not
bottom
violate
greater
than
statutory mandatory
841(b)(1)(B), instead of a
of offense
the
5G1.1(b), "[w]here a
is
plea
level
23.
agreement.
The
Under
the maximum
of
the
applicable
be the
guideline sentence."
(Emphasis added.)
In
_________________________________
other
words,
under
U.S.S.G.
range,"
Consequently,
minimum
the
statutory
guideline
"range"
recommending
sentence, the
agreement.
out
in
We note,
5G1.1(b),
consisting
the
government did
of
one
statutorily
required
not violate
number.
the plea
government pointed
claims the
understood the
we
disagree.
plea
record
does
agreement.
Defendant
was
and had
not show
On the
assisted
that
present
by
an
Counsel indicated
discussed the
process with
him
at length.
-2-
that
the guideline
sentence could
not be
determined until
he
that, at the
would
receive
On this record,
time of pleading
a
46-month
guilty, he
sentence
is
unsupported.
Any
claim
of
ineffective assistance
counsel
require proof of
States
______
v.
specific
first
of
Mala, 7
____
claims
F.3d 1058,
of ineffective
be presented
to the
present record.
1063
(1st Cir.
assistance of
district court
United
______
1993) (fact
counsel must
-- usually
in a
have
fully
arguments
Appellant's
and
reviewed
find
the record
no basis
to
and
disturb
-3-
all
of
the
for oral