United States v. Albanese ( 1997 )

USCA1 Opinion

                                [NOT FOR PUBLICATION]



                            UNITED STATES COURT OF APPEALS

                                FOR THE FIRST CIRCUIT

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        No. 97-1869





                                    UNITED STATES,



                                      Appellee,



                                          v.



                                 ARTHUR J. ALBANESE,



                                Defendant, Appellant.



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                     APPEAL FROM THE UNITED STATES DISTRICT COURT



                           FOR THE DISTRICT OF RHODE ISLAND



                 [Hon. Francis J. Boyle, Senior U.S. District Judge]
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                                 ____________________



                                        Before



                                 Selya, Circuit Judge,
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                              Cyr, Senior Circuit Judge,
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                              and Boudin, Circuit Judge.
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            Robert G. Levitt on brief for appellant.
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            Sheldon  Whitehouse,  United  States  Attorney,  and  Margaret  E.
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        Curran, Assistant United States Attorney, on brief for appellee.
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                                 ____________________



                                  December 10, 1997

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                 Per Curiam.   Upon careful  review, we find no  merit in
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            any of defendant's counseled   or pro se  arguments.  As  the



            district   court  concluded,  there   were  no   grounds  for



            resentencing   defendant  under   18  U.S.C.      3582(c)(2).



            Defendant's  10-year  mandatory  minimum  sentence  under  21



            U.S.C.    841(b)(1)(B) was proper considering the entire 8.98



            grams of the cocaine base mixture in  his possession, whether



            that mixture was "cut or uncut,  pure or impure."  Chapman v.
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            United  States,  500  U.S.  453,  461 (1991).    The  amended
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            commentary to U.S.S.G.   2D1.1 made no difference here.



                 Affirmed.  See 1st Cir. Loc. R. 27.1.
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