October 17, 1994
                                [NOT FOR PUBLICATION]
                            UNITED STATES COURT OF APPEALS
                                FOR THE FIRST CIRCUIT




                                 ____________________


        No. 94-1179

                                 JAMES WILEY NICHOLS,

                                Plaintiff, Appellant,

                                          v.

                              UNITED STATES OF AMERICA,

                                 Defendant, Appellee.


                                 ____________________

                     APPEAL FROM THE UNITED STATES DISTRICT COURT

                           FOR THE DISTRICT OF PUERTO RICO


                     [Hon. Carmen C. Cerezo, U.S. District Judge]
                                             ___________________

                                 ____________________

                                        Before

                                Selya, Cyr and Boudin,
                                   Circuit Judges.
                                   ______________

                                 ____________________

            James Wiley Nichols on brief pro se.
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            Guillermo  Gil,  United States  Attorney,  and  Juan  A.  Pedrosa,
            ______________                                  _________________
        Assistant United States Attorney, on brief for appellee.

                                 ____________________


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                      Per  Curiam.    Petitioner,  James  Wiley  Nichols,
                      ___________

            appeals  from  the denial  of  his second  petition  under 28

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

            For the reasons stated  by the district court, we  affirm its

            decision  dismissing the petition as an abuse of the writ and

            amending  petitioner's  sentence to  substitute  the term  of

            special  parole imposed with a term  of supervised release of

            identical length.

                      Affirmed.
                      ________