United States v. Murray

U.S. Court of Appeals for the First Circuit

United States v. Murray

Opinion

USCA1 Opinion






[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT




____________________

No. 96-1175

UNITED STATES,

Appellee,

v.

MICHAEL MURRAY,

Defendant - Appellant.

____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. William G. Young, U.S. District Judge] ___________________

____________________

Before

Torruella, Chief Judge, ___________

Cyr and Lynch, Circuit Judges. ______________

_____________________

Daniel J. O'Connell III for appellant. _______________________
George William Vien, Assistant United States Attorney, with ___________________
whom Donald K. Stern, United States Attorney and Geoffrey E. ________________ ____________
Hobart, Assistant United States Attorney, were on brief for ______
appellee.



____________________

August 28, 1996
____________________


















Per Curiam. In United States v. Catano, 65 F.3d 219 Per Curiam. ___________ ______________ ______

(1st Cir. 1995), a case in which Michael Murray was a co-

appellant, we remanded his case for resentencing. In sentencing

him, the district court had enhanced his base offense by four

levels pursuant to 3B1.1(a), because it concluded that Murray

had an aggravating role in the offense for which he had been

convicted.

In remanding we concluded that:

[A]lthough the case record may very well
support the four-level enhancement:
there is nothing in the sentencing
record about any of this. Absent
explicit findings, it could be
overly impetuous for us, on so
exiguous a predicate to jump to the
conclusion that [the enhancement
requirements were met]. . . .

Id. at 230 (quoting United States v. McDowell, 918 F.2d 1004, __ ______________ ________

1012 n.8 (1st Cir. 1990)). We thus remanded "for further

articulation [by the district court] of the reasons for imposing

the adjustment in accordance with 18 U.S.C. 3553(c)." Catano ______

at 230. This important, but limited, reason for the remand has

been fully complied with by the district court. We therefore

reject appellant's present allegations in this respect.

Appellant's additional claim of error lacks a plausible

factual foundation. See Liteky v. United States, 510 U.S. 540, ___ ______ _____________

___, 114 S. Ct. 1147, 1155 (1994); El F nix v. The M/Y Johanny, ________ _______________

36 F.2d 136, 140 (1st Cir. 1994).

Affirmed. Affirmed ________




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Reference

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