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United States v. Nowaczyk, 95-2362 (1996)

Court: Court of Appeals for the First Circuit Number: 95-2362 Visitors: 2
Filed: Oct. 11, 1996
Latest Update: Mar. 02, 2020
Summary: , __________________, Paul M. Gagnon, United States Attorney, and Peter E. Papps, First, ______________ ______________, Assistant U.S. Attorney, on Motion for Summary Disposition for, appellee.convictions.his state and federal sentencing;underlying sentence;plain error review.first time on appeal).
USCA1 Opinion












October 11, 1996 [NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT



____________________


No. 95-2362

UNITED STATES,

Appellee,

v.

STEVEN J. NOWACZYK,

Defendant, Appellant.


____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW HAMPSHIRE

[Hon. Paul J. Barbadoro, U.S. District Judge] ___________________

____________________

Before

Torruella, Chief Judge, ___________
Selya and Stahl, Circuit Judges. ______________

____________________

Steven J. Nowaczyk on brief pro se. __________________
Paul M. Gagnon, United States Attorney, and Peter E. Papps, First ______________ ______________
Assistant U.S. Attorney, on Motion for Summary Disposition for
appellee.


____________________


____________________














Per Curiam. After careful review of the record and ___________

briefs, we conclude that this case clearly presents no

substantial issue for review.

We find no error or abuse of discretion in the

revocation of defendant's supervised release. The government

presented adequate evidence of defendant's state convictions,

and defendant did not make any response suggesting that the

convictions were insufficient evidence of his violation of

supervised release. In those circumstances, the district

court cannot be faulted for basing the revocation on the

convictions. See generally United States v. Czajak, 909 F.2d _____________ _____________ ______

20, 22 (1st Cir. 1990) (record need only demonstrate that the

district court did not abuse its discretion in concluding

that the evidence "reasonably satisfied" it that the

defendant had in fact violated the law).

The district court also properly rejected defendant's

subsequent motion for arrest of judgment, as defendant failed

to show that the district court "was without jurisdiction of

the offense charged." Fed. R. Crim. P. 34.

We are not persuaded by any of defendant's myriad

arguments about the arrest warrant and supporting affidavit;

detainers; timely hearing; timely appointment of counsel;

ineffective assistance of counsel; effect of state bail on

his state and federal sentencing; advisement for his

underlying sentence; and credit for pre-sentence time served.



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The district court correctly disposed of those arguments, to

the extent that they were raised below. And they present no

grounds for overturning the revocation or sentence, even on

plain error review. See United States v. Chaklader, 987 F.2d ___ _____________ _________

75, 76 (1st Cir. 1993) (absent plain error, an issue not

presented to the district court cannot be raised for the

first time on appeal).

Affirmed. See 1st Cir. Loc. R. 27.1. ________ ___





































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Source:  CourtListener

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