United States v. Dion

111 F.3d 122 (1997) | Cited 0 times | First Circuit | April 25, 1997

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE

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

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.

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