United States v. Jones

U.S. Court of Appeals for the First Circuit

United States v. Jones

Opinion

USCA1 Opinion












[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT



____________________


No. 96-1816

UNITED STATES,

Appellee,

v.

DAVID J. JONES,

Defendant, Appellant.


____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MAINE

[Hon. D. Brock Hornby, U.S. District Judge] ___________________

____________________

Before

Cyr, Stahl and Lynch,
Circuit Judges. ______________

____________________

Neal K. Stillman on brief for appellant ________________
Jay P. McCloskey, United States Attorney, Margaret D. McGaughey, ________________ ______________________
Assistant U.S. Attorney, and Jonathan A. Toof, Assistant U.S. __________________
Attorney, on brief for appellee.


____________________

December 27, 1996
____________________














Per Curiam. Upon careful review of the briefs and ___________

record, we find no merit in defendant's appellate

contentions.

First, the imposition of an additional term of

supervised release was within the district court's authority,

see United States v. O'Neil, 11 F.3d 292, 301 (1st Cir. ___ ______________ ______

1993), and so the district court did not err in refusing to

vacate that term. We find no reason to depart here from the

holding in O'Neil. ______

Second, defendant was not entitled to credit for his

home detention, see United States v. Reyes-Mercado, 22 F.3d ___ _____________ _____________

363, 367-68 (1st Cir. 1994), and so the district court did

not err in refusing to modify the sentence to include such

credit.

Because the merits of this appeal are easily resolved in

the government's favor, we do not address the government's

objections regarding procedural waiver and jurisdictional

defects in the district court and this court.

Affirmed. See 1st Cir. Loc. R. 27.1. ________ ___















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Reference

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Published