United States v. Sequeira

Opinion

USCA1 Opinion

       [NOT FOR PUBLICATION   NOT TO BE CITED AS PRECEDENT]



                 United States Court of Appeals

                     For the First Circuit


No. 98-1945



                    UNITED STATES OF AMERICA,



                            Appellee,



                                v.



                        PHILLIP A. LAFOND,



                      Defendant, Appellant.


APPEAL FROM THE UNITED STATES DISTRICT COURT



                 FOR THE DISTRICT OF RHODE ISLAND



           [Hon. Ernest C. Torres, U.S. District Judge]


Before



                      Selya, Circuit Judge,

                                

                 Coffin, Senior Circuit Judge,

                                

                   and Lipez, Circuit Judge.


Roderick B. O'Connor, by appointment of the court, on brief

for appellant.

     Margaret E. Curran, United States Attorney, Donald C. Lockhart

and Kenneth P. Madden, Assistant United States Attorneys, on brief

for the United States.


September 21, 1999


Per Curiam.  In this criminal appeal, the defendant (who

did not move to withdraw his plea in the district court) asks us to

set aside his conviction and the guilty plea upon which it was

premised.  He claims that he "fail[ed] to understand that the

conduct of others could be imputed to him" in calculating his

guideline sentencing range, and that, therefore, his guilty plea

was not knowing and intelligently made.  Appellant's Brief at 6.

  In our view, this claim is no more than a claim that the

defendant received a harsher sentence than he had anticipated.  But

the record makes manifest that the appellant had ample warning. 

His assertion to the contrary is flatly contradicted both by the

relevant provisions of the plea agreement and by the painstaking

Fed. R. Crim. P. 11 colloquy conducted by the district court.  The

claim also runs afoul of settled precedent.  See, e.g., United

States v. De Alba Pagan, 33 F.3d 125, 127-28 (1st Cir. 1994).  We

need go no further.



Affirmed.