United States v. Fusco

[NOT FOR PUBLICATION] UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT No. 97-1505 UNITED STATES, Appellee, v. JOHN A. FUSCO, Defendant, Appellant. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND [Hon. Mary M. Lisi, U.S. District Judge] Before Torruella, Chief Judge, Selya and Stahl, Circuit Judges. Randy Olsen on brief for appellant. Sheldon Whitehouse, United States Attorney, Margaret E. Curran and Charles A. Tamuleviz, Assistant United States Attorneys, on brief for appellee. December 1, 1997 Per Curiam. Upon careful review, we reject appellant's contention that, in sentencing him on revocation of probation, the district court was bound by a downward departure granted during appellant's original sentencing. The plain language of the applicable statute, 18 U.S.C. 3565(a)(2), does not support that contention. See United States v. Plunkett, 94 F.3d 517, 519 (9th Cir. 1996); United States v. Redmond, 69 F.3d 979, 981-82 (9th Cir. 1995). Appellant's reliance on United States v. Granderson, 511 U.S. 39, 57 n.15 (1994), is misplaced. See United States v. Byrd, 116 F.3d 770, 774 (5th Cir. 1997). Affirmed. See 1st Cir. Loc. R. 27.1. -2-