United States v. Prou

22 F. App'x 27

• Court: Court of Appeals for the First Circuit
• Decided: November 30, 2001
• Docket: 00-1737
• Status: Published

Opinion

PER CURIAM.

Pursuant to this court’s vacatur of his original criminal sentence, see Prou v. United States, 199 F.3d 37 (1st Cir.1999), Stanley Prou was resentenced to concurrent terms of 78 months on Counts 1 and 2 (as well as concurrent five year terms of supervised release). 1 Prou appeals. We find no merit either in his claim that the government waived the application of the sentencing guidelines when it sought to enhance his sentence pursuant to 21 U.S.C. § 851 or in his challenge to the composition of the grand and/or petit juries.

The convictions and sentence are affirmed.

1 . The consecutive 60 month term of imprisonment and concurrent three year term of supervised release on Count 3 were unaffected by this court's remand.