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U.S. v. DYER

No. 93-1045.

9 F.3d 1 (1993)

UNITED STATES of America, Appellee, v. Stephen DYER, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 18, 1993.

Attorney(s) appearing for the Case

Martin J. Ridge, with whom Beagle, Pearce, & Ridge, Portland, ME, was on brief, for appellant.

Margaret D. McGaughey, Asst. U.S. Atty., with whom Jay P. McCloskey, U.S. Atty., and Jonathan Chapman, Asst. U.S. Atty., Portland, ME, were on brief, for the U.S.

Before SELYA, CYR and BOUDIN, Circuit Judges.

PER CURIAM.

In this criminal appeal, defendant-appellant Stephen Dyer challenges his sentence. He makes three claims.

1. Dyer contends that the career offender guidelines, U.S.S.G. §§ 4B1.1, 4B1.2, impermissibly exceed the scope of 28 U.S.C. § 994(h), the pertinent enabling statute and, therefore, could not validly be employed to enhance his sentence. The Third Circuit repudiated precisely the same asseveration in United States v. Whyte,...

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