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United States v. Mastello, 96-2199 (1997)

Court: Court of Appeals for the First Circuit Number: 96-2199 Visitors: 8
Filed: Jul. 23, 1997
Latest Update: Mar. 02, 2020
Summary: Defendant, Appellant.Circuit Judges.Assistant United States Attorney, on brief for appellee.Per Curiam, . , 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.
USCA1 Opinion










[NOT FOR PUBLICATION]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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Source:  CourtListener

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