United States v. Hernandez-Moreno

[NOT FOR PUBLICATION--NOT TO BE CITED AS PRECEDENT] United States Court of Appeals For the First Circuit No. 97-2214 UNITED STATES, Appellee, v. MARIO HERNANDEZ-MORENO, Defendant, Appellant. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO [Hon. Juan M. Perez-Gimenez, U.S. District Judge] Before Torruella, Chief Judge, Boudin and Lipez, Circuit Judges. Joseph C. Laws, Jr., Federal Public Defender, and Laura Maldonado Rodriguez, Assistant Federal Public Defender, on brief for appellant. Guillermo Gil, United States Attorney, Jose A. Quiles- Espinosa, Senior Litigation Counsel, and Camille Velez-Rive, Assistant United States Attorney, on brief for appellee. September 22, 1998 Per Curiam. Upon careful consideration of the briefs and record presented for this appeal, we conclude that the sentence imposed upon revocation of supervised release was within the district court's authority under 18 U.S.C. 3583(e)(3) and was not inconsistent with U.S.S.G. 7B1.4. See United States v. O'Neil, 11 F.3d 292, 301 n.11 (1st Cir. 1993). In our view, the district court's stated reasons for the 18-month prison term were entirely conventional, aimed at protecting society from a defendant in need of substance abuse treatment, and raised no issue within the plain thrust of 28 U.S.C. 944(k). Affirmed. See 1st Cir. Loc. R. 27.1. -2-