
USCA1 Opinion

	




                                [NOT FOR PUBLICATION]                            UNITED STATES COURT OF APPEALS                                FOR THE FIRST CIRCUIT                                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.                 ________   ___                                         -2-
