United States v. Whitten ( 1997 )

[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 97-1686
UNITED STATES,
Appellee,
v.
PAUL HARTLEY WHITTEN,
Defendant, Appellant.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MAINE
[Hon. Gene Carter, U.S. District Judge]
Before
Torruella, Chief Judge,
Selya and Stahl, Circuit Judges.
Joseph J. Mazza on brief for appellant.
Jay P. McCloskey, United States Attorney, and F. Mark Terison,
Assistant United States Attorney, on Motion for Summary Affirmance
Pursuant to Local Rule 27.1. for appellee.
December 18, 1997
Per Curiam. Paul Hartley Whitten appeals from a
sentence imposed upon revocation of a term of supervised
release. Whitten concedes that the imposition of an
additional term of supervised release was within the district
court's authority under United States v. O'Neil, 11 F.3d 292,
301 (1st Cir. 1993). Notwithstanding Whitten's arguments of
legislative history and statutory construction, w e a r e
without authority to overrule another panel on this issue.
See United States v. Wogan, 938 F.2d 1446 (1st Cir. 1991).
In any event, we are not persuaded that there is reason to
reconsider our holding in O'Neil. We reject Whitten's
argument that the rule of lenity properly comes into play
here. See id. at 301, n.10.
Affirmed. See Loc. R. 27.1.