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Boateng v. United States, 94-1092 (1994)

Court: Court of Appeals for the First Circuit Number: 94-1092 Visitors: 1
Filed: Jul. 25, 1994
Latest Update: Mar. 02, 2020
Summary: [NOT FOR PUBLICATION] UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT ____________________ No. 94-1092 SAFU BOATENG, Plaintiff, Appellant, v. UNITED STATES OF AMERICA,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. United States v. Sepulveda, ___________________________ 15 F.3d 1161, 1201-02 (1st Cir.
USCA1 Opinion




[NOT FOR PUBLICATION]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.
________





































Source:  CourtListener

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