United States v. Albanese

U.S. Court of Appeals for the First Circuit

United States v. Albanese

Opinion

[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT

No. 97-1869

UNITED STATES,

Appellee,

v.

ARTHUR J. ALBANESE,

Defendant, Appellant.

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF RHODE ISLAND

[Hon. Francis J. Boyle, Senior U.S. District Judge]

Before

Selya, Circuit Judge,

Cyr, Senior Circuit Judge,

and Boudin, Circuit Judge.

Robert G. Levitt on brief for appellant.

Sheldon Whitehouse, United States Attorney, and Margaret E.

Curran, Assistant United States Attorney, on brief for appellee.

December 10, 1997

Per Curiam. Upon careful review, we find no merit in

any of defendant's counseled or pro se arguments. As the

district court concluded, there were no grounds for

resentencing defendant under 18 U.S.C. 3582(c)(2).

Defendant's 10-year mandatory minimum sentence under 21

U.S.C. 841(b)(1)(B) was proper considering the entire 8.98

grams of the cocaine base mixture in his possession, whether

that mixture was "cut or uncut, pure or impure." Chapman v.

United States,

500 U.S. 453, 461

(1991). The amended

commentary to U.S.S.G. 2D1.1 made no difference here.

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

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Reference

Status
Unpublished