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United States v. Cuevas, 93-1224 (1994)

Court: Court of Appeals for the First Circuit Number: 93-1224 Visitors: 3
Filed: Sep. 26, 1994
Latest Update: Mar. 02, 2020
Summary:  September 21, 1994 [NOT FOR PUBLICATION] UNITED STATE COURT OF APPEALS FOR THE FIRST CIRCUIT ____________________ No. 93-1224 UNITED STATES, Appellee, v. ABELARDO CUEVAS, Defendant, Appellant. See, ___ e.g., United States v. Jadusingh, 12 F.3d 1162, 1169-70, ___ _____________ _________ (1st Cir.
USCA1 Opinion









September 26, 1994
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT

___________________




No. 93-1224

UNITED STATES,
Appellee,

v.

ABELARDO CUEVAS,
Defendant, Appellant


____________________


ERRATA SHEET


This opinion of this court issued on September 22 1994, is
amended as follows:

On page 2 line 15 please insert the number "1169-70" after
the "comma" and the number "1162,".
































September 21, 1994 [NOT FOR PUBLICATION]
UNITED STATE COURT OF APPEALS
FOR THE FIRST CIRCUIT


____________________


No. 93-1224

UNITED STATES,

Appellee,

v.

ABELARDO CUEVAS,

Defendant, Appellant.


____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Robert E. Keeton, U.S. District Judge]
___________________

____________________

Before

Cyr, Circuit Judge,
______________
Bownes, Senior Circuit Judge, and
____________________
Stahl, Circuit Judge.
______________

____________________

James B. Krasnoo on brief for appellant.
________________


____________________

____________________





























Per Curiam. Appellant Abelardo Cuevas appeals his
__________

conviction for possession of cocaine with intent to

distribute, conspiracy to possess cocaine with intent to

distribute, and aiding and abetting same. He also appeals

his sentence of 235 months imprisonment. We have reviewed

carefully the record in this case, including the transcript

of appellant's trial, the transcript of his disposition

hearing, and appellant's briefs. We find no merit in any of

appellant's claims that the district court erred either

during trial or at appellant's sentencing. Appellant's

objection to the ethnic composition of the jury is foreclosed

by this court's decision in United States v. Pion, 25 F.3d 18
_____________ ____

(1st Cir. 1994). Appellant's claim that he was denied

effective assistance of counsel should be raised in a

collateral proceeding pursuant to 28 U.S.C. 2255. See,
___

e.g., United States v. Jadusingh, 12 F.3d 1162, 1169-70,
___ _____________ _________

(1st Cir. 1994).

Affirmed.
________

















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Source:  CourtListener

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