United States v. Damon

• Court: Court of Appeals for the First Circuit
• Decided: September 14, 1998
• Docket: 98-1096
• Status: Unpublished

Opinion

[NOT FOR PUBLICATION--NOT TO BE CITED AS PRECEDENT] United States Court of Appeals For the First Circuit

No. 98-1096

UNITED STATES,

Plaintiff, Appellee,

v.

IRA W. DAMON, III,

Defendant, Appellant.

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MAINE

[Hon. Morton A. Brody, U.S. District Judge]

Before

Selya, Stahl and Lynch, Circuit Judges.

Jeffrey Silverstein and Billings & Silverstein on brief for appellant. Jay P. McCloskey, United States Attorney, James Moore, Assistant U.S. Attorney, and F. Mark Terison, Assistant U.S. Attorney, on brief for appellee.

SEPTEMBER 11, 1998

Per Curiam. Upon careful review of the briefs and record, we find no reason to disturb the sentence imposed on remand after defendant's first appeal, United States v. Damon, 127 F.3d 139 (1st Cir. 1997). We reject defendant's contention that he was entitled to the benefit of U.S.S.G. 2K2.1(b)(2). In light of the relevant surrounding circumstances, including defendant's prior conviction for threatening a victim by pointing a Colt .45 at his head, the district court did not clearly err in determining that defendant did not possess the same or similar Colt .45 solely as a collector or that he had used it for unlawful purposes. See 2K2.1, application note 10; United States v. Cousens, 942 F.2d 800, 802 (1st Cir. 1991). We also reject defendant's contention that the district court was required to explain its choice of a sentence n the middle of the applicable guideline range. See Williamsv. United States, 503 U.S. 193, 205 (1992). Nothing in the record suggests to us any retaliatory motive. Affirmed. See 1st Cir. Loc. R. 27.1.