Filed: Jul. 23, 1997
Latest Update: Feb. 22, 2020
Summary: Circuit Judges.Tina Schneider on brief for appellant.Assistant United States Attorney, on brief for appellee.Per Curiam, .301 n.11 (1st Cir.The sentence is affirmed.
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 96-2199
UNITED STATES,
Appellee,
v.
LAWRENCE MASTELLO,
Defendant, Appellant.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Frank H. Freedman, Senior U.S. District Judge]
Before
Selya, Boudin and Lynch,
Circuit Judges.
Tina Schneider on brief for appellant.
Donald
K.
Stern, United States Attorney, and Kevin
O'Regan,
Assistant United States Attorney, on brief for appellee.
July 23, 1997
Per Curiam
. Upon careful consideration of the briefs and
record, we conclude that this appeal does not present a
substantial question. See 1st Cir. Loc. R. 27.1.
The 24-month sentence imposed upon revocation of
supervised release was within the district court's authority
under 18 U.S.C. S 3583(e)(3) and was not inconsistent with
U.S.S.G. S 7B1.4. See United
States v. O'Neil,
11 F.3d 292,
301 n.11 (1st Cir. 1993) (the S 7B1.4 sentencing table is
advisory, not mandatory). In our view, the district court's
statement of reasons for the longer sentence, including
defendant's repeated disobedience, was sufficient and gave
adequate weight to the guideline provisions.
The sentence is affirmed. See 1st Cir. R. 27.1.
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