[NOT FOR PUBLICATION–NOT TO BE CITED AS PRECEDENT]
United States Court of Appeals
For the First Circuit
No. 00-1737
UNITED STATES,
Appellee,
v.
STANLEY PROU,
Defendant, Appellant.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
[Hon. Ronald R. Lagueux, U.S. District Judge]
Before
Boudin, Chief Judge,
Torruella and Lipez, Circuit Judges.
Stanley Prou on brief pro se.
Margaret E. Curran, United States Attorney, and Donald C.
Lockhart, Assistant U.S. Attorney, on Memorandum of Law in
Support of Motion for Summary Affirmance for appellee.
November 29, 2001
Per Curiam. Pursuant to this court's vacatur of
his original criminal sentence, see Prou v. United States,
199 F.3d 37 (1st Cir. 1999), Stanley Prou was resentenced to
concurrent terms of 78 months on Counts 1 and 2 (as well as
concurrent five year terms of supervised release).1 Prou
appeals. We find no merit either in his claim that the
government waived the application of the sentencing
guidelines when it sought to enhance his sentence pursuant
to 21 U.S.C. § 851 or in his challenge to the composition of
the grand and/or petit juries.
The convictions and sentence are affirmed.
1The consecutive 60 month term of imprisonment and
concurrent three year term of supervised release on Count 3 were
unaffected by this court's remand.