United States v. Jesus Manuel Rosa-Agosto

Not For Publication in West's Federal Reporter
Citation Limited Pursuant to 1st Cir. Loc. R. 32.3
United States Court of Appeals
For the First Circuit
No. 04-2703
UNITED STATES,
Appellee,
v.
JESUS MANUEL ROSA-AGOSTO,
Defendant, Appellant.
[Hon. Juan M. Pérez-Giménez, U.S. District Judge]
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
Before
Selya, Circuit Judge,
Stahl, Senior Circuit Judge,
and Lynch, Circuit Judge.
Jesus Manuel Rosa-Agosto on brief pro se.
Nelson Perez-Soto, Assistant U.S. Attorney, and H.S. Garcia,
United States Attorney, on brief for appellee.
October 4, 2005

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Per Curiam. After carefully reviewing the record and
briefs on appeal we affirm the decision below.
Among other problems, the appellant failed to make any
showing that the amendment would operate to reduce his guideline
range. 18 U.S.C. § 3582(c)(2). As amended, he could obtain
concurrent sentences under U.S.S.G. § 5G1.3(b) only if the state
sentences were used as relevant conduct and they were the basis for
an increase in his offense level. He made no showing that the
requirements were satisfied.
Affirmed. 1st Cir. R. 27(c)

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