Jose Miguel Lara-Arias v. United States

First Circuit

Jose Miguel Lara-Arias v. United States

43 F.3d 1456, 1995 U.S. App. LEXIS 4335, 1995 WL 12028

CourtCourt of Appeals for the First Circuit

DecidedJanuary 13, 1995

Docket94-1901

StatusUnpublished

This text of 43 F.3d 1456 (Jose Miguel Lara-Arias v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Jose Miguel Lara-Arias v. United States, 43 F.3d 1456, 1995 U.S. App. LEXIS 4335, 1995 WL 12028 (1st Cir. 1995).

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Opinion

43 F.3d 1456

NOTICE: First Circuit Local Rule 36.2(b)6 states unpublished opinions may be cited only in related cases.
Jose Miguel LARA-ARIAS, Petitioner, Appellant,
v.
UNITED STATES of America, Respondent, Appellee.

No. 94-1901

United States Court of Appeals,
First Circuit.

Jan. 13, 1995

Appeal from the United States District Court for the District of New Hampshire [Hon. Paul J. Barbadoro, U.S. District Judge ]

David P. Slawsky and Upton, Sanders & Smith on brief for appellant.

Paul M. Gagnon, United States Attorney, and Peter E. Papps, First Assistant United States Attorney, on brief for appellee.

D.N.H.

AFFIRMED.

Before TORRUELLA, Chief Judge, CYR and BOUDIN, Circuit Judges.

PER CURIAM.

We have reviewed the record and conclude that the district court's resolution of the credibility issue was not clearly erroneous and that the court properly placed the burden of proof on petitioner. United States v. DiCarlo, 575 F.2d 952, 954 (1st Cir.), cert. denied, 439 U.S. 834 (1978). The judgment denying petitioner's Sec. 2255 petition is summarily affirmed. Loc. R. 27.1.

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