Resurreccion v. USA

Case Date: 11/04/1994
Court: United States Court of Appeals
Docket No: 94-1314



November 3, 1994
[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT

____________________
No. 94-1314

CESAR B. RESURRECCION,

Petitioner,

v.

UNITED STATES OF AMERICA,

Respondent.
____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Douglas P. Woodlock, U.S. District Judge] ___________________

____________________

Before

Boudin, Cyr and Stahl,
Circuit Judges. ______________

____________________

Cesar B. Resurreccion on brief pro se. _____________________
Donald K. Stern, United States Attorney, and Timothy Q. Feeley, _______________ __________________
Assistant United States Attorney, on brief respondent.
____________________
____________________



Per Curiam. Petitioner Cesar B. Resurreccion appeals __________

the dismissal by the United States District Court for the

District of Massachusetts of his motion, pursuant to 28

U.S.C. 2255, to vacate, set aside or correct his sentence.

We have reviewed the record in this case, as well as the

parties' briefs. Petitioner has failed to demonstrate that

the failure by his counsel to raise any issue below "was

sufficiently prejudicial to undermine confidence in the

outcome of the trial." Singleton v. United States, 26 F.3d _________ _____________

233, 238 (1st Cir. 1994). Therefore, his petition for relief

was properly denied.

Affirmed. ________