Criscione

MEMORANDUM **

Theodore Criscione (“Criscione”) appeals the district court’s order resentencing him after a successful appeal of his original sentence for violating the terms of his supervised release. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

On June 5, 2002, Criscione pleaded guilty to one count of wire fraud in violation of 18 U.S.C. §§ 1343 and 2(a), and two counts of engaging in monetary transactions involving the proceeds of wire fraud in violation of 18 U.S.C. § 1957 . On September 30, 2002, Criscione was sentenced to 37 months’ imprisonment, three years’ supervised release, payment of a $300 special assessment, and payment of restitution in the amount of $912,000. Criscione subsequently violated the terms of his supervised release by taking an unauthorized trip to Arizona, during which he was arrested for driving under the influence of alcohol. On February 16, 2006, the district court revoked its prior order of supervised release and sentenced Criscione to a term of two years’ imprisonment, with no supervision to follow. Criscione successfully appealed this sentence.

On remand, the district court sentenced Criscione to a prison term of slightly…