Serna v. United States

Opinion

USCA1 Opinion

        June 6, 1994            [NOT FOR PUBLICATION]

                            UNITED STATES COURT OF APPEALS
                                FOR THE FIRST CIRCUIT

                                 ____________________

No. 93-2363 

                                    AUGUSTO SERNA,

                                Petitioner, Appellant,

                                          v.

                              UNITED STATES OF AMERICA,

                                Respondent, Appellee.

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                     APPEAL FROM THE UNITED STATES DISTRICT COURT

                          FOR THE DISTRICT OF NEW HAMPSHIRE

[Hon. Shane Devine, Senior U.S. District Judge]
                                       __________________________

                                 ____________________

                                        Before

                                Selya, Cyr and Boudin,
                                   Circuit Judges.
                                   ______________

                                 ____________________

            Augusto Serna on brief pro se.
            _____________
            Paul M. Gagnon, United States Attorney,  and Peter E. Papps, First
            ______________                               ______________
        Assistant United  States Attorney, on Motion  for Summary Disposition,
        for appellee.

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Per Curiam.  We affirm the  denial of appellant's  
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            2255 petition for the reasons stated by the district court in

            its  November  23,  1993  order.   The  questions  concerning

            Guillermo  and Munoz,  to  which appellant  responded in  the

            negative,  were  not  evidence  and  had  no  effect  on  the

            sentence.

Affirmed.
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