Elawyers Elawyers
Ohio| Change

Rosario v. United States, 94-1383 (1995)

Court: Court of Appeals for the First Circuit Number: 94-1383 Visitors: 12
Filed: Feb. 03, 1995
Latest Update: Mar. 02, 2020
Summary: February 3, 1995 [NOT FOR PUBLICATION] UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT ____________________ No. 94-1383 GREGORIO ROSARIO, Petitioner, v. UNITED STATES OF AMERICA, Respondent. We find that the district court adequately addressed all the claims raised by Rosario in his petition.
USCA1 Opinion









February 3, 1995
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT

____________________


No. 94-1383


GREGORIO ROSARIO,

Petitioner,

v.

UNITED STATES OF AMERICA,

Respondent.


____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Douglas P. Woodlock, U.S. District Judge] ___________________

____________________

Before

Selya, Cyr and Boudin,
Circuit Judges. ______________

____________________

Gregorio Rosario on brief pro se. ________________
Donald K. Stern, United States Attorney, and Heidi E. Brieger, ________________ ________________
Assistant United States Attorney, on brief for respondent.


____________________


____________________



















Per Curiam. Petitioner Gregorio Rosario appeals the ___________

denial by the United States District Court for the District

of Massachusetts of his motion to vacate, set aside, or

correct his sentence pursuant to 28 U.S.C. 2255. Rosario

alleges that the district court erred both in the manner in

which it conducted the section 2255 proceedings and in its

dismissal of his petition. We affirm.

We find no error in the district court's conduct of the

section 2255 proceedings. First, even though the district

court required that Rosario have standby counsel, Rosario has

not produced any evidence that he lacked "a fair chance to

present his case in his own way." McKaskle v. Wiggins, 465 ________ _______

U.S. 168, 177 (1984). Thus, he has failed to show any

abridgment of his right to self representation.1 Id. __

Second, we have reviewed the record in this case, including

the transcript of the surveillance tape, and find no abuse of

discretion in the district court's refusal to compel the

government's chief witness to testify during the habeas

proceedings. See Rule 6(a) of the Rules Governing ___

Proceedings in the United States District Court Under Section

2255. We likewise find absolutely no evidence of bias on the

part of the district court in any of its rulings and

therefore find no error in the court's refusal to recuse




____________________

1. The legal right to self representation in civil cases is
guaranteed by 28 U.S.C. 1654.













itself from this case. See Liteky v. United States, 114 ___ ______ ______________

S.Ct. 1147, 1157 ("judicial rulings alone almost never

constitute valid basis for a bias or partiality motion").

As far as the substantive claims raised in Rosario's

habeas petition are concerned, we have reviewed carefully the

record in this case and the briefs of the parties. We find

that the district court adequately addressed all the claims

raised by Rosario in his petition. We also find, essentially

for the reasons given by the district court in its memoranda

and orders dated September 14, 1993, and March 21, 1994, that

Rosario has failed to show that he is entitled to relief

under section 2255.

Affirmed. ________



























-3-






Source:  CourtListener

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer