[NOT FOR PUBLICATION]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.
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August 28, 1996
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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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