United States v. Dion ( 1997 )

USCA1 Opinion

                                [NOT FOR PUBLICATION]



                            UNITED STATES COURT OF APPEALS

                                FOR THE FIRST CIRCUIT

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        No. 96-1811



                                    UNITED STATES,



                                      Appellee,



                                          v.



                                STEPHEN MICHAEL DION,



                                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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            Stephen M. Dion on brief pro se.
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            Jay P. McCloskey, United States  Attorney, Frederick C.  Emery and
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        Margaret D. McGaughey, Assistant United States Attorneys, on brief for
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        appellee.





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                                    April 25, 1997

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                      Per Curiam.   Stephen  Michael Dion appeals  from a
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            sentence  imposed upon  revocation  of a  term of  supervised



            release.   None of the  arguments Dion raises  on appeal were



            presented  to  the sentencing  court.    Having reviewed  the



            briefs and record, we find no error (much less plain error).



                      First,  the imposition  of  an  additional term  of



            supervised release was within the district court's authority.



            See  United  States v.  O'Neil, 11  F.3d  292, 301  (1st Cir.
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            1993).   Dion has offered no persuasive reasons to reconsider



            our holding in O'Neil.
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                      Second, there is ample  evidence in the record from



            which  the district  court  could conclude  that  Dion has  a



            history  of alcohol abuse.  The two new special conditions of



            supervised release  were clearly directed at  addressing this



            problem.   Cf. United States v. Thurlow,  44 F.3d 46, 47 (1st
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            Cir.)  (per  curiam) (no  abuse  of  discretion in  requiring



            defendant  to  abstain from  consuming  alcohol  in light  of



            personal history and continuing alcohol abuse), cert. denied,
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            115  S. Ct.  1987  (1995).    We  are  persuaded  that  these



            conditions   are  rationally   related   to   the  goals   of



            rehabilitation, deterrence, and protection of the public.



                      Affirmed.
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