USCA1 Opinion
June 21, 1993 [NOT FOR PUBLICATION]
United States Court of Appeals
For the First Circuit
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No. 92-2397
UNITED STATES OF AMERICA,
Appellee,
v.
ALLAN W. ST. GERMAINE,
a/k/a ALLAN W. ST. GERMAIN,
Defendant, Appellant.
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APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MAINE
[Hon. Gene Carter, U.S. District Judge]
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Before
Selya, Cyr and Boudin,
Circuit Judges.
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Peter Clifford for appellant.
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Nicholas M. Gess, Assistant United States Attorney, with
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whom Jay P. McCloskey, United States Attorney, was on brief, for
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appellee.
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Per Curiam. Having carefully reviewed the record
Per Curiam
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of the proceedings below, we conclude, without serious
question, that, before the district court, the
appellant withdrew any objection to the proposed
determination that he should be sentenced as an armed
career criminal under 18 U.S.C. 922(g)(1),
924(e)(1). Because that issue was not preserved below,
we will not address it here. See, e.g., United States
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v. Dietz, 950 F.2d 50, 55 (1st Cir. 1991) ("We have
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repeatedly ruled, in connection with sentencing as in
other contexts, that arguments not seasonably addressed
to the trial court may not be raised for the first time
in an appellate venue.") (collecting cases). In any
event, we are satisfied that appellant's prior criminal
record brought him firmly within the ambit of the Armed
Career Criminal Act. See, e.g., Taylor v. United
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States, 495 U.S. 575, 600 (1990); United States v.
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Anderson, 921 F.2d 335, 339-40 (1st Cir. 1990).
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We have examined appellant's remaining contentions
and find them meritless. Consequently, we need go no
further.
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Affirmed. See 1st Cir. Loc. R. 27.1.
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