United States v. Albanese ( 1997 )

[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 97-1869
UNITED STATES,
Appellee,
v.
ARTHUR J. ALBANESE,
Defendant, Appellant.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
[Hon. Francis J. Boyle, Senior U.S. District Judge]
Before
Selya, Circuit Judge,
Cyr, Senior Circuit Judge,
and Boudin, Circuit Judge.
Robert G. Levitt on brief for appellant.
Sheldon Whitehouse, United States Attorney, and Margaret E.
Curran, Assistant United States Attorney, on brief for appellee.
December 10, 1997
Per Curiam. Upon careful review, we find no merit in
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.
United States, 500 U.S. 453, 461 (1991). The amended
commentary to U.S.S.G. 2D1.1 made no difference here.
Affirmed. See 1st Cir. Loc. R. 27.1.
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