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United States v. Whitten, 97-1686 (1997)

Court: Court of Appeals for the First Circuit Number: 97-1686 Visitors: 6
Filed: Dec. 22, 1997
Latest Update: Mar. 02, 2020
Summary: ___________, Selya and Stahl, Circuit Judges.________________ _______________, Assistant United States Attorney, on Motion for Summary Affirmance, Pursuant to Local Rule 27.1. for appellee.without authority to overrule another panel on this issue.reconsider our holding in O'Neil., ________ ___
USCA1 Opinion











[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT

____________________


No. 97-1686


UNITED STATES,

Appellee,

v.

PAUL HARTLEY WHITTEN,

Defendant, Appellant.

____________________


APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MAINE

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

____________________

Before

Torruella, Chief Judge, ___________
Selya and Stahl, Circuit Judges. ______________

____________________

Joseph J. Mazza on brief for appellant. _______________
Jay P. McCloskey, United States Attorney, and F. Mark Terison, ________________ _______________
Assistant United States Attorney, on Motion for Summary Affirmance
Pursuant to Local Rule 27.1. for appellee.


____________________

December 18, 1997
____________________



















Per Curiam. Paul Hartley Whitten appeals from a ___________

sentence imposed upon revocation of a term of supervised

release. Whitten concedes that the imposition of an

additional term of supervised release was within the district

court's authority under United States v. O'Neil, 11 F.3d 292, _____________ ______

301 (1st Cir. 1993). Notwithstanding Whitten's arguments of

legislative history and statutory construction, w e a r e

without authority to overrule another panel on this issue.

See United States v. Wogan, 938 F.2d 1446 (1st Cir. 1991). ___ ______________ _____

In any event, we are not persuaded that there is reason to

reconsider our holding in O'Neil. We reject Whitten's ______

argument that the rule of lenity properly comes into play

here. See id. at 301, n.10. ___ ___

Affirmed. See Loc. R. 27.1. ________ ___





























Source:  CourtListener

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