United States v. Lambert

                    [NOT FOR PUBLICATION]
                UNITED STATES COURT OF APPEALS
                    FOR THE FIRST CIRCUIT

                                         

No. 95-2115

                        UNITED STATES,

                          Appellee,

                              v.

                        LINDA LAMBERT,

                    Defendant, Appellant.

                                         

         APPEAL FROM THE UNITED STATES DISTRICT COURT

                FOR THE DISTRICT OF MAINE

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

                                         

                            Before

                    Boudin, Circuit Judge,
                                                     
               Campbell, Senior Circuit Judge,
                                                         
                  and Lynch, Circuit Judge.
                                                      

                                         

Philip  P.  Mancini and  Cloutier  &  Briggs, P.A.  on  brief  for
                                                              
appellant.
Jay  P.  McCloskey, United  States Attorney,  George T.  Dilworth,
                                                                             
Assistant U.S.  Attorney, and  Margaret D.  McGaughey, Assistant  U.S.
                                                             
Attorney, on brief for appellee.

                                         

                      February 26, 1996
                                         


          Per Curiam.   Appellant Linda Lambert  appeals from
                                

the district court's decision revoking her term of supervised

release and  sentencing her for violating a  condition of her

supervised  release.    Having  concluded  that  the   appeal

presents no  substantial question of  law or fact,  we hereby

summarily  affirm the court's decision under Local Rule 27.1.

For the same  reason, we deny her motion  for release pending

appeal.  See 18 U.S.C.   3143(b)(1)(B).  
                        

          Lambert's primary contention on appeal  is that the

court did not  explicitly consider, apply, or  articulate the

sentencing  factors  set  forth in  18  U.S.C.    3553(a)(1),

(a)(2)(B)-(D), and (a)(4)-(6).  In this circuit, a sentencing

court need not make explicit findings on statutory sentencing

factors, as  long as the  record reveals that the  court made

implicit findings  or otherwise evinced its  consideration of

the  relevant factors.   See, e.g., United  States v. Savoie,
                                                                        

985 F.2d 612,  618 (1st Cir. 1993) (restitution  order).  For

the reasons persuasively stated in the government's brief, we

have  no doubt  that the  district  court gave  the requisite

thought to all applicable statutory sentencing factors.

          Lambert's remaining contentions are also meritless.

First,  in  sentencing  Lambert, the  court  was  required to

consider  applicable  United   States  Sentencing  Commission

policy   statements,  including   statements  pertaining   to

supervised   release   violations.      See   18   U.S.C.    
                                                       

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3553(a)(4)(B),  (5).    Second,  as  the  revocation  hearing

transcript makes plain,  the court had no  punitive intent in

revoking Lambert's term of supervised release  and sentencing

her  as  it  did.   Rather,  it  sought  to devise  the  most

effective  means to ensure  her rehabilitation from  the drug

abuse behind her crime of conviction.  

          Affirmed.  See Loc. R. 27.1.
                                                  

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