Court rejects LV man’s appeal

Wednesday, Aug. 17, 2005 | 9:59 a.m.

SUN CAPITAL BUREAU

CARSON CITY -- A federal appeals court has rejected the appeal of a Las Vegas man who argued his prior felony convictions in Puerto Rico should not be counted in designating him as a career criminal.

The 9th U.S. Circuit Court of Appeals Monday said, "In short, we see no legal or policy reason to treat Puerto Rican Commonwealth convictions any differently from the way we treat state convictions."

Hector Cirino and his partner Ivan Gonzalez-Corporan were convicted of the robbery of the Silver State Bank in Las Vegas in April 2003.

U.S. District Judge Roger L. Hunt, in sentencing, designated Cirino a "career offender" based on three prior felony convictions, two of them in Puerto Rico. Cirino was sentenced to 276 months on the armed robbery charge and a consecutive 84 months on the firearm-possession conviction.

The federal law says those with prior convictions should receive at or near the maximum prison term available.

Cirino appealed, saying the convictions in Puerto Rico should not have been counted in enhancing his sentence.

The circuit court said the protections giving a criminal defendant in the U.S. Constitution are included in the Puerto Rican Constitution and a person challenging a conviction can appeal to the U.S. Supreme Court.