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U.S. v. ROYER

No. 89-1707.

895 F.2d 28 (1990)

UNITED STATES of America, Appellee, v. Marc A. ROYER, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided January 31, 1990.

Attorney(s) appearing for the Case

Judith H. Mizner, Newburyport, Mass., with whom Marshall A. Stern, Bangor, Me., was on brief, for appellant.

Margaret D. McGaughey, Asst. U.S. Atty., with whom Richard S. Cohen, U.S. Atty., Portland, Me., and William H. Browder, Jr., Asst. U.S. Atty., Bangor, Me., were on brief, for appellee.

Before TORRUELLA and SELYA, Circuit Judges, and BOWNES, Senior Circuit Judge.

SELYA, Circuit Judge.

This is a single issue criminal appeal in which defendant-appellant Marc A. Royer questions the district court's application of the sentencing guidelines. Notwithstanding defense counsel's able advocacy, the case serves mainly to corroborate Lucretius' epigram: "Nil posse creari de nilo." We translate the phrase, roughly, to mean "nothing can be created from nothing" — and we believe it suits the...

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