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No. 96-1026
Appellee,
v.
Defendant, Appellant.
____________________
____________________
Before
____________________
Assistant
Federal
Public
Defender,
on
brief
for
appellant.
Guillermo
Gil, United
States Attorney,
Jose
A.
Quiles-
______________
Espinosa,
________
Senior
__________________
Litigation
Counsel, and
Miguel A. Pereira,
___________________
____________________
August 7, 1996
____________________
Per Curiam.
Per Curiam.
__________
pled
guilty to
2119(3).
violating
the carjacking
U.S.C.
of life
statute, 18
imprisonment.1
range to impose a
sentence
departure.
We
have
carefully
disposition hearing,
the
briefs.
examined
the presentence
the
transcript
of
the
investigation report,
and
lacks merit, we
summarily affirm.
We add
First:
_____
U.S.S.G.
5K2.0 allows
sentencing courts
to
or mitigating circumstances
that render
the
applicable guideline
Quinones,
________
26 F.3d
of the "heartland"
was designed.
213, 216
for which
(1st Cir.
Rivera, 994 F.2d 942, 946 (1st Cir. 1993); United States v. Diaz______
_____________
_____
Villafane, 874
_________
U.S.
F.2d 43,
862 (1989).
Here,
whom
within an
49 (1st Cir.
the
1989), cert.
_____
multiple killings
denied, 493
______
for which
the
to offer assistance)
transport
the defendant's
____________________
offense level
imprisonment.
See
___
activities well
U.S.S.G.
of carjacking cases.
See
___
if the
Second:
______
intellect as mitigating
factors.
same
argument
commented upon
account of them.
vantage,
aside
below,
and
the
these factors in
judge
court's
specifically
see Diaz-Villafane,
___ ______________
that
district
874 F.2d
considered judgment
special coign of
at 49,
on
took full
we cannot
so
brush
interstitial a
matter.
Third:
_____
unavailing.
of the ensuing
43)
departure
Level
case.
to
The magnitude
"unusually
of the
very sort
of sociopathic behavior"
substantial
upward departure).
conceivable
test
of
reasonableness.
at 52
The
(upholding departure
that will
departure
See,
___
sustain a
here meets
id.
___
at
any
219-20
that more
than doubled
defendant's
sentence as reasonable).
Fourth:
______
recent opinion
in Koon
____
makes it
clear that we
competence in sentencing
see id.
___ ___
at 4517.
crime, a convincing
court's special
In light of
the stark
case of discretion
facts of this
brutal
be
mustered.
We
need
go
substitute its
no
further.2
The
Supreme
Court
has
appellate court to
as to
the
appropriateness
of
a particular
Affirmed.
________
In
sentence."
Williams v.
________
internal
us
____________________
2Because
the upward
departure is
fully
justified by
the