[NOT FOR PUBLICATION]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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