Opinion
91 CR. 83 (JFK).
January 17, 2006
OPINION ORDER
Pimentel makes a pro se request to correct his Presentence Investigation Report ("PSR"). The government objects. After careful consideration, the Court agrees with the government that Pimentel's request is both untimely and without merit.
Specifically, Pimentel seeks to change paragraph 11 of the PSR. Paragraph 11 currently states that, on the day of Gonzalez's death, Pimentel "returned to 1304 Merriam Avenue . . . looking for Gonzalez." Pimentel wants this paragraph changed to reflect that Pimentel resided at 1304 Merriam Avenue. Such a change would leave the impression that Pimentel did not search for Gonzalez on the day of the murder, a change that Pimentel hopes would enable him to be transferred to a lower security facility.
Pimentel failed to raise this objection to the PSR at his sentencing, in his appeal, or in his § 2255 habeas petition. This alone is grounds for denying Pimentel's request. See United States v. Morillo, 8 F.3d 864, 872-73 (1st Cir. 1993) (holding that defendant cannot fault facts in PSR to which she did not object at sentencing) (citing United States v. Montoya, 967 F.2d 1, 3 (1st Cir. 1992), cert. denied 506 U.S. 990 (1992)). In addition, changing paragraph 11 in the way Pimentel requests would, though technically accurate, create a false impression that Pimentel did not search for Gonzalez, intending to kill him. While the murder did not take place at Gonzalez's address, the record shows that Pimentel told his wife he would kill Gonzalez if he ever found him and that Pimentel had previously searched for Gonzalez in Gonzalez's neighborhood in order to kill him. (Tr. at 263, 284.) For these reasons, Pimentel's request to change paragraph 11 of his PSR is denied.
SO ORDERED.