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United States v. Albanese, 97-1869 (1997)

Court: Court of Appeals for the First Circuit Number: 97-1869 Visitors: 12
Filed: Dec. 10, 1997
Latest Update: Mar. 02, 2020
Summary: Defendant, Appellant.____________________, and Boudin, Circuit Judge., ________________, Sheldon Whitehouse, United States Attorney, and Margaret E., ___________________ ____________, Curran, Assistant United States Attorney, on brief for appellee.that mixture was cut or uncut, pure or impure.
USCA1 Opinion












[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________


No. 97-1869


UNITED STATES,

Appellee,

v.

ARTHUR J. ALBANESE,

Defendant, Appellant.

____________________


APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF RHODE ISLAND

[Hon. Francis J. Boyle, Senior U.S. District Judge] __________________________

____________________

Before

Selya, Circuit Judge, _____________
Cyr, Senior Circuit Judge, ____________________
and Boudin, Circuit Judge. _____________

____________________

Robert G. Levitt on brief for appellant. ________________
Sheldon Whitehouse, United States Attorney, and Margaret E. ___________________ ____________
Curran, Assistant United States Attorney, on brief for appellee. ______


____________________

December 10, 1997
____________________
















Per Curiam. Upon careful review, we find no merit in __________

any of defendant's counseled or pro se arguments. As the

district court concluded, there were no grounds for

resentencing defendant under 18 U.S.C. 3582(c)(2).

Defendant's 10-year mandatory minimum sentence under 21

U.S.C. 841(b)(1)(B) was proper considering the entire 8.98

grams of the cocaine base mixture in his possession, whether

that mixture was "cut or uncut, pure or impure." Chapman v. _______

United States, 500 U.S. 453, 461 (1991). The amended ______________

commentary to U.S.S.G. 2D1.1 made no difference here.

Affirmed. See 1st Cir. Loc. R. 27.1. ________ ___































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Source:  CourtListener

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