042869P.pdf   08/18/2005  USA  v.  Dominick Nace
   U.S. Court of Appeals Case No:  04-2869
   Northern District of Iowa   
   [PUBLISHED] [M. Arnold, Author, with Loken, Chief Judge, and 
   Murphy, District Judge] 
   Criminal case - criminal law. District court's decision to base the 
   imposition of defendant's revocation prison sentence at least in part on 
   defendant's failure to ask his probation officer for help with his drug 
   problem did not violate defendant's right against self-incrimination; 
   general tenor of the court's comments showed a concern that defendant 
   was not actively participating in treatment and rehabilitation, and the 
   court's sentence was based on defendant's history and characteristics and 
   his need for medical and correctional treatment, all of which factors are 
   proper factors for consideration under 18 U.S.C. Sec. 3553(a) when 
   imposing a sentence upon revocation of supervised release. Judge 
   Murphy, concurring.