United States v. Smith

• Court: Court of Appeals for the First Circuit
• Decided: April 1, 1999
• Docket: 98-2157
• Status: Published

Opinion

USCA1 Opinion

      [NOT FOR PUBLICATION--NOT TO BE CITED AS PRECEDENT]

                 United States Court of Appeals

                     For the First Circuit


No. 98-2157



                          UNITED STATES,



                            Appellee,



                                v.



            DAVID ANTHONY SMITH, a/k/a WAYNE JACKSON,



                      Defendant, Appellant.


APPEAL FROM THE UNITED STATES DISTRICT COURT



                 FOR THE DISTRICT OF RHODE ISLAND



             [Hon. Mary M. Lisi, U.S. District Judge]


Before



                      Lynch, Circuit Judge,

                 Bownes, Senior Circuit Judge,

                   and Lipez, Circuit Judge.


Albert B. West on brief for appellant.

     Margaret E. Curran, United States Attorney, and Ira Belkin,

Assistant United States Attorney, on brief for appellee.


March 17, 1999


Per Curiam.  Upon careful consideration of the briefs

    and record, we adhere to existing precedent and so conclude

    that the district court properly sentenced defendant in

    accordance with the applicable statute.  8 U.S.C.  1326(b)(2);

    United States v. Smith, 14 F.3d 662, 666 (1st Cir. 1994). 

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