[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 96-1811
UNITED STATES,
Appellee,
v.
STEPHEN MICHAEL DION,
Defendant, Appellant.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MAINE
[Hon. Gene Carter, U.S. District Judge]
Before
Selya, Cyr and Boudin,
Circuit Judges.
Stephen M. Dion on brief pro se.
Jay P. McCloskey, United States Attorney, Frederick C. Emery and
Margaret D. McGaughey, Assistant United States Attorneys, on brief for
appellee.
April 25, 1997
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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