Elawyers Elawyers
Washington| Change

United States v. Dion, 96-1811 (1997)

Court: Court of Appeals for the First Circuit Number: 96-1811 Visitors: 7
Filed: Apr. 25, 1997
Latest Update: Mar. 02, 2020
Summary: Circuit Judges.Stephen M. Dion on brief pro se., _______________, Jay P. McCloskey, United States Attorney, Frederick C. Emery and, ________________ ___________________, Margaret D. McGaughey, Assistant United States Attorneys, on brief for, _____________________, appellee.history of alcohol abuse.
USCA1 Opinion












[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________


No. 96-1811

UNITED STATES,

Appellee,

v.

STEPHEN MICHAEL DION,

Defendant, Appellant.

____________________


APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MAINE

[Hon. Gene Carter, U.S. District Judge] ___________________

____________________

Before

Selya, Cyr and Boudin,
Circuit Judges. ______________

____________________

Stephen M. Dion on brief pro se. _______________
Jay P. McCloskey, United States Attorney, Frederick C. Emery and ________________ ___________________
Margaret D. McGaughey, Assistant United States Attorneys, on brief for _____________________
appellee.


____________________

April 25, 1997
____________________

















Per Curiam. Stephen Michael Dion appeals from a __________

sentence imposed upon revocation of a term of supervised

release. None of the arguments Dion raises on appeal were

presented to the sentencing court. Having reviewed the

briefs and record, we find no error (much less plain error).

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). Dion has offered no persuasive reasons to reconsider

our holding in O'Neil. ______

Second, there is ample evidence in the record from

which the district court could conclude that Dion has a

history of alcohol abuse. The two new special conditions of

supervised release were clearly directed at addressing this

problem. Cf. United States v. Thurlow, 44 F.3d 46, 47 (1st ___ _____________ _______

Cir.) (per curiam) (no abuse of discretion in requiring

defendant to abstain from consuming alcohol in light of

personal history and continuing alcohol abuse), cert. denied, ____________

115 S. Ct. 1987 (1995). We are persuaded that these

conditions are rationally related to the goals of

rehabilitation, deterrence, and protection of the public.

Affirmed. ________









-2-






Source:  CourtListener

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer