United States v. Bullins

Opinion

USCA1 Opinion

January 18, 1996      [NOT FOR PUBLICATION]



                            UNITED STATES COURT OF APPEALS

                                FOR THE FIRST CIRCUIT

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No. 95-1717



                              UNITED STATES OF AMERICA,



                                      Appellee,



                                          v.



                                  DARREL C. BULLINS,



                                Defendant, Appellant.



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APPEAL FROM THE UNITED STATES DISTRICT COURT



                          FOR THE DISTRICT OF NEW HAMPSHIRE



                   [Hon. Steven J. McAuliffe, U.S. District Judge]
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Before



                                Selya, Circuit Judge,
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                            Aldrich, Senior Circuit Judge,
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                              and Lynch, Circuit Judge.
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                                 ____________________



               Michael A. Goldsmith,  with whom Stephen Hrones and Hrones &
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          Garrity were on brief, for appellant.
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               Jean B.  Weld, Assistant  United States Attorney,  with whom
               _____________

          Paul M. Gagnon,  United States  Attorney, was on  brief, for  the
          ______________

          United States.



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Per Curiam.   The arguments proffered  by the defendant
                    Per Curiam
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          on appeal were not made in the district court and are, therefore,



          waived.   See United States v.  Slade, 980 F.2d 27,  30 (1st Cir.
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          1992); see also Fed. R. Crim. P. 12(b)(3), 12(f).  And while this
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          omission  leaves the  record  insufficiently developed  to permit



          definitive review  for plain  error (a deficiency  which, itself,



          precludes relief, see United States v. Barletta, 644 F.2d 50, 54-
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          55 (1st  Cir. 1981)),  we see  nothing at  this point  that would



          impel us to grant extraordinary relief on that basis.  See United
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          States v. Olano, 113 S.Ct. 1770 (1993) (elucidating standard  for
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          plain error).


Affirmed.  See 1st Cir. R. 27.1.
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