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United States v. Devaney, 94-2064 (1995)

Court: Court of Appeals for the First Circuit Number: 94-2064 Visitors: 9
Filed: Feb. 09, 1995
Latest Update: Mar. 02, 2020
Summary: February 9, 1995 [NOT FOR PUBLICATION] UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT ____________________ No. 94-2064 UNITED STATES, Appellee, v. AMBROSE L. DEVANEY, Defendant, Appellant. We find no abuse of discretion in the district court's denial of Devaney's discovery motion., ______ -3-
USCA1 Opinion









February 9, 1995
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT



____________________


No. 94-2064

UNITED STATES,

Appellee,

v.

AMBROSE L. DEVANEY,

Defendant, Appellant.


____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. William G. Young, U.S. District Judge] ___________________

____________________

Before

Selya, Circuit Judge, _____________
Bownes, Senior Circuit Judge, and ____________________
Stahl, Circuit Judge. _____________

____________________

Ambrose L. Devaney on brief pro se. __________________
Donald K. Stern, United States Attorney, and Victor A. Wild, ________________ _______________
Assistant United States Attorney, on brief for appellee.


____________________

____________________


















Per Curiam. During the pendency of the direct appeal of __________

his conviction and sentence for conspiracy, bank fraud and

money laundering, Ambrose Devaney filed pro se a motion for ___ __

discovery and a motion to compel service in the district

court. Although "[a]s a general rule with only limited

exceptions, entry of a notice of appeal divests the district

court of jurisdiction to adjudicate any matters related to

the appeal," United States v. Distasio, 820 F.2d 20, 23 (1st _____________ ________

Cir. 1987) (citing cases), the district court denied both

motions. In these circumstances, and because we find no

substantial question presented by the pro se appeal, we ___ __

consider the appeal and dismiss it on its merits. See United ___ ______

States v. Buckley, 847 F.2d 991, 993 n.1 (1st Cir. 1988) ______ _______

(allowing motion to consolidate a motion to vacate, set

aside, or correct sentence with pending direct appeal), cert. ____

denied, 488 U.S. 1015 (1989); United States v. Connell, 6 ______ ______________ _______

F.3d 27, 29 (1st Cir. 1993) (despite jurisdictional doubts,

appellate court entitled to affirm dismissal on the ground

that no substantial question is presented on the merits).

We have reviewed carefully the record in this case and

the briefs of the parties. We find no abuse of discretion in

the district court's denial of Devaney's discovery motion.

See Buckley, 847 F.2d at 1003 (post judgment motion for ___ _______

discovery within discretion of district court).



















Nor do we find any error in the court's denial of

Devaney's motion to compel the government to serve him as a

pro se litigant. Since Devaney was represented by counsel ___ __

before the district court, his motion to compel service was

an implicit request to proceed via "hybrid" representation.

McKaskle v. Wiggins, 465 U.S. 168, 183 (1984). Such a ________ _______

request lies in the discretion of the district court, United ______

States v. Betancourt-Arretuche, 933 F.2d 89, 94 (1st Cir.), ______ ____________________

cert. denied, 502 U.S. 959 (1991), and we find no abuse of ____ ______

discretion in this case.

The denial of Devaney's pro se motions is affirmed. ___ __ ________

Devaney's motion filed in this court to compel service is

denied. Devaney's motion to file a supplemental statement of ______

issues is denied. ______

























-3-






Source:  CourtListener

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