Filed: Jul. 25, 1994
Latest Update: Feb. 21, 2020
Summary: Circuit Judges.Safu Boateng pro se on Memorandum in support of appeal brief., Assistant United States Attorney, on brief for appellee.Per Curiam.district court.to argue for a lower sentence.15 F.3d 1161, 1201-02 (1st Cir.appellant was a minor participant), cert.
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 94-1092
SAFU BOATENG,
Plaintiff, Appellant,
v.
UNITED STATES OF AMERICA,
Defendant, Appellee.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. A. David Mazzone, Senior U.S. District Judge]
Before
Torruella, Selya and Cyr,
Circuit Judges.
Safu Boateng pro se on Memorandum in support of appeal brief.
Donald K. Stern, United States Attorney, and Michael J. Pelgro,
Assistant United States Attorney, on brief for appellee.
July 22, 1994
Per Curiam. We affirm the dismissal of appellant's
2255 petition essentially for the reasons stated by the
district court. Because appellant received the mandatory
minimum sentence, he was not prejudiced by counsel's failure
to argue for a lower sentence. United States v. Sepulveda,
15 F.3d 1161, 1201-02 (1st Cir. 1993) (because defendant
received the mandatory minimum sentence, a role-in-the-
offense reduction would have had no effect on the sentence
and consequently court refused to decide whether or not
appellant was a minor participant), cert. denied, 1994 U.S.
Lexis 4738 (1994).
Affirmed.
