United States v. Lambert
U.S. Court of Appeals for the First Circuit
United States v. Lambert
Opinion
USCA1 Opinion
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________
No. 95-2115
UNITED STATES,
Appellee,
v.
LINDA LAMBERT,
Defendant, Appellant.
____________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MAINE
[Hon. Gene Carter, U.S. District Judge] ___________________
____________________
Before
Boudin, Circuit Judge, _____________
Campbell, Senior Circuit Judge, ____________________
and Lynch, Circuit Judge. _____________
____________________
Philip P. Mancini and Cloutier & Briggs, P.A. on brief for ___________________ _________________________
appellant.
Jay P. McCloskey, United States Attorney, George T. Dilworth, __________________ ___________________
Assistant U.S. Attorney, and Margaret D. McGaughey, Assistant U.S. ______________________
Attorney, on brief for appellee.
____________________
February 26, 1996
____________________
Per Curiam. Appellant Linda Lambert appeals from __________
the district court's decision revoking her term of supervised
release and sentencing her for violating a condition of her
supervised release. Having concluded that the appeal
presents no substantial question of law or fact, we hereby
summarily affirm the court's decision under Local Rule 27.1.
For the same reason, we deny her motion for release pending
appeal. See 18 U.S.C. 3143(b)(1)(B). ___
Lambert's primary contention on appeal is that the
court did not explicitly consider, apply, or articulate the
sentencing factors set forth in 18 U.S.C. 3553(a)(1),
(a)(2)(B)-(D), and (a)(4)-(6). In this circuit, a sentencing
court need not make explicit findings on statutory sentencing
factors, as long as the record reveals that the court made
implicit findings or otherwise evinced its consideration of
the relevant factors. See, e.g., United States v. Savoie, ____ ____ ______________ ______
985 F.2d 612, 618 (1st Cir. 1993) (restitution order). For
the reasons persuasively stated in the government's brief, we
have no doubt that the district court gave the requisite
thought to all applicable statutory sentencing factors.
Lambert's remaining contentions are also meritless.
First, in sentencing Lambert, the court was required to
consider applicable United States Sentencing Commission
policy statements, including statements pertaining to
supervised release violations. See 18 U.S.C. ___
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3553(a)(4)(B), (5). Second, as the revocation hearing
transcript makes plain, the court had no punitive intent in
revoking Lambert's term of supervised release and sentencing
her as it did. Rather, it sought to devise the most
effective means to ensure her rehabilitation from the drug
abuse behind her crime of conviction.
Affirmed. See Loc. R. 27.1. ____________________________
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Reference
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