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United States v. Cunningham, 96-1167 (1996)

Court: Court of Appeals for the First Circuit Number: 96-1167 Visitors: 17
Filed: Nov. 05, 1996
Latest Update: Mar. 02, 2020
Summary: Defendant, Appellant.___________, Boudin and Lynch, Circuit Judges.Edward E. Eliot on brief for appellant.Per Curiam. He now appeals from his sentence.ground for appeal.filed any brief and the deadline for doing so has passed.grant counsel's motion to withdraw.
USCA1 Opinion












[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________


No. 96-1167

UNITED STATES,

Appellee,

v.

JEFFREY CUNNINGHAM,

Defendant, Appellant.

____________________


APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MAINE

[Hon. Gene Carter, U.S. District Judge] ___________________

____________________

Before

Torruella, Chief Judge, ___________
Boudin and Lynch, Circuit Judges. ______________

____________________

Edward E. Eliot on brief for appellant. _______________


____________________

November 5, 1996
____________________




















Per Curiam. Jeffrey Cunningham pled guilty to one __________

count of credit card fraud and was sentenced to serve eight

months in prison followed by a three-year term of supervised

release. He now appeals from his sentence. Appellate

counsel has filed a brief under Anders v. California, 386 ______ __________

U.S. 738 (1967), explaining why there is no meritorious

ground for appeal. Although counsel notified Cunningham of

his right to file a supplemental brief, Cunningham has not

filed any brief and the deadline for doing so has passed.

After fully reviewing the record, we agree that there is no

meritorious ground for appeal. We also note that the plea

hearing conformed substantially to Rule 11 requirements and

that any defect was harmless. See Fed. R. Crim. P. 11(h) ___

(variances from Rule 11 procedures which do not affect

substantial rights are to be disregarded).

We affirm appellant's conviction and sentence and ___________________________________________________

grant counsel's motion to withdraw. ___________________________________



















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Source:  CourtListener

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