October 25, 1994        [NOT FOR PUBLICATION]
                            UNITED STATES COURT OF APPEALS
                                FOR THE FIRST CIRCUIT



                                 ____________________


        No. 94-1531

                                   MICHAEL DONEGAN,
                                Petitioner, Appellant,

                                          v.

                              UNITED STATES OF AMERICA,
                                 Respondent Appellee.

                                 ____________________
        No. 94-1532

                                    UNITED STATES,
                                      Appellee,

                                          v.

                               MICHAEL HOWARD DONEGAN,
                                Defendant, Appellant.

                                 ___________________

                    APPEALS FROM THE UNITED STATES DISTRICT COURT
                          FOR THE DISTRICT OF MASSACHUSETTS

                 [Hon. Frank H. Freedman, Senior U.S. District Judge]
                                          __________________________

                                 ____________________

                                        Before

                                 Selya, Circuit Judge,
                                        _____________
                         Campbell, Senior Circuit Judge, and
                                   ____________________
                                Boudin, Circuit Judge.
                                        _____________

                                 ____________________

            Walter F. McKee on brief for appellant.
            _______________
            Donald  K.  Stern,  United  States  Attorney,  and Kevin  O'Regan,
            _________________                                  ______________
        Assistant United States Attorney, on brief for appellee.

                                 ____________________

                                 ____________________




















                      Per Curiam.    Appellant, Michael Donegan,  appeals
                      __________

            his conviction  and sentence and the  district court's denial

            of his motion to reduce  and/or correct his sentence pursuant

            to  28 U.S.C.   2255.  In an order dated August 5, 1994, this

            court  consolidated these  two  appeals for  the purposes  of

            argument and the filing of pleadings.

                 Appellant   contends   that  the   sentence  enhancement

            provision contained in 8 U.S.C.    1326(b)(2) does not  apply

            to him.  We reject that argument as  foreclosed by our recent

            decision in United  States v.  Rodriquez, 26 F.3d  4, 6  (1st
                        ______________     _________

            Cir. 1994),  and for  the reasons contained  in the  district

            court's  Memorandum  and  Order  dated  September  23,  1993.

            Appellant's  second ground  for appeal  is that  the district

            court  erred  in  failing  to reduce  his  offense-level  for

            acceptance of  responsibility pursuant  to Section   3E1.1 of

            the United States Sentencing Guidelines.  For essentially the

            reasons stated  in the district court's  Memorandum and Order

            dated May 2, 1994, we conclude that denial of a reduction for

            acceptance of responsibility was not clear error.  

                 Accordingly,  we summarily  affirm pursuant  to Loc.  R.

            27.1 appellant's  conviction and  sentence and the  denial of

            his   2255 motion.