Kermit V. Lipez

“The petition is denied. So ordered.”

“Affirmed.”

“Affirmed.”

“In arriving at its 360-month sentence, the district court made an individualized assessment of appellant's role in the conspiracy and murders, imposed its sentence in reliance on that assessment, and provided an adequate explanation for its sentence. Furthermore, the district court did not err when it declined to adjust appellant's sentence to reflect the six months he had served for his state drug conviction. Accordingly, we affirm its judgment.”

“Within "a universe of reasonable sentences," where there is "not a single appropriate sentence," the factors relied on by the court "add[ed] up to a plausible rationale" for the modest variance imposed in this case. Affirmed.”

“There was no error -- plain or otherwise -- in the court's determination that the proper TOL was 34. . . . Accordingly, we hold that Acevedo-Sueros has not carried his burden to show that his substantial rights were affected by the court's alleged failure to satisfy Rule 32(i)(1)(A). Affirmed.”

“To protect the fairness and integrity of the sentencing process, the district court should impose a sentence in this revocation proceeding based on a correct view of the facts. Hence, we vacate the judgment of the district court.”

“In sum, the district court committed a clear error when it insisted without factual support that Cotto-Negrón was more culpable in the commission of the San Patricio Kmart robbery than co-defendants Zambrana-Sierra and Tanco-Moreno. Hence, we vacate Cotto-Negrón's procedurally unreasonable sentence and remand the case for resentencing.”

“For the forgoing reasons, the petition is dismissed.”

“Affirmed.”

“For the foregoing reasons, we dismiss the petitions for want of jurisdiction.”

“For the foregoing reasons, the BIA did not abuse its discretion in rejecting Kuffour's motion to reconsider. We thus deny the petition for review. So ordered.”