United States v. Falcone

Opinion

USCA1 Opinion

        December 7, 1995        [NOT FOR PUBLICATION]

                            UNITED STATES COURT OF APPEALS

                                FOR THE FIRST CIRCUIT


____________________



        No. 95-1026



                                    UNITED STATES,



                                      Appellee,



                                          v.



                                   JOSEPH FALCONE,



                                Defendant, Appellant.



                                 ____________________



                     APPEAL FROM THE UNITED STATES DISTRICT COURT



                            FOR THE DISTRICT OF MAINE



                       [Hon. Gene Carter, U.S. District Judge]
                                          ___________________



                                 ____________________



                                        Before



                                Torruella, Chief Judge,
                                           ___________

                           Stahl and Lynch, Circuit Judges.
                                            ______________



                                 ____________________



            William A. Hahn and Hahn & Matkov on brief for appellant.
            _______________     _____________

            Jay  P.  McCloskey,  United  States  Attorney,  Helene  Kazanjian,
            __________________                              _________________

        Assistant U.S.  Attorney,  and  George  T.  Dilworth,  Assistant  U.S.
                                        ____________________

        Attorney, on brief for appellee.


____________________


____________________



Per Curiam.  Having carefully reviewed the parties'
                      __________



            briefs and the record,  we affirm the judgment.   Contrary to



            appellant's suggestion, the Sentencing  Guidelines explicitly



            provide   that   "uncounseled  misdemeanor   sentences  where



            imprisonment  was not  imposed"  are "to  be  counted in  the



            criminal  history   score."     U.S.S.G.      4A1.2  comment.



            (backg'd).  Falcone's  constitutional challenge was  rejected



            by the Supreme Court  in Nichols v. United States, 114 S. Ct.
                                     _______    _____________



            1921 (1994).   Accordingly,  the district court  committed no



            error,  much  less  plain  error,  in  computing  appellant's



            criminal history score.       Affirmed.  See Loc. R. 27.1.  
                                          ________   ___


-2-