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Maravilla v. United States, 96-1237 (1996)

Court: Court of Appeals for the First Circuit Number: 96-1237 Visitors: 5
Filed: Sep. 03, 1996
Latest Update: Mar. 02, 2020
Summary: Circuit Judges.Daniel Joseph Maravilla on brief pro se.___________________, Department of Justice, on brief for appellee.of his motion filed pursuant to 28 U.S.C. 2255.record on appeal as to the Brady issue.discretion in its ruling.is grounds for sua sponte recusal, he is incorrect.
USCA1 Opinion









September 3, 1996
[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT



____________________


No. 96-1237

DANIEL JOSEPH MARAVILLA,

Plaintiff, Appellant,

v.

UNITED STATES OF AMERICA,

Defendant, Appellee.


____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

[Hon. Hector M. Laffitte, U.S. District Judge] ___________________

____________________

Before

Selya, Cyr and Boudin,
Circuit Judges. ______________

____________________

Daniel Joseph Maravilla on brief pro se. _______________________
Deval L. Patrick, Assistant Attorney General, David K. Flynn, _________________ ________________
Attorney, Department of Justice, and Marie K. McElderry, Attorney, ___________________
Department of Justice, on brief for appellee.


____________________


____________________

Per Curiam. Daniel Joseph Maravilla appeals the denial __________














of his motion filed pursuant to 28 U.S.C. 2255. Although

he raised numerous issues in that motion, he has confined his

appeal to his claim that the government's failure to disclose

two FBI-302 reports violated its obligation under Brady v. _____

Maryland, 373 U.S. 83 (1963), and its progeny. We deem the ________

remaining issues raised in the 2255 motion waived.

We have carefully reviewed the parties' briefs and the

record on appeal as to the Brady issue. We affirm _____

essentially for the reasons stated in the district court's

opinion. Maravilla v. United States, 901 F. Supp. 62, 64-66 _________ _____________

(D.P.R. 1995). We add only the following.

Contrary to Maravilla's contention, the district court

neither applied the wrong legal standard nor abused its

discretion in its ruling. And, insofar as Maravilla suggests

that an erroneous application of law or abuse of discretion

is grounds for sua sponte recusal, he is incorrect.

Contentions that the district court erred or abused its

discretion in its ruling are routine grounds for appeal, not

recusal. See Liteky v. United States, 114 S. Ct. 1147, 1157 ___ ______ _____________

(1994).

Affirmed. _________











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Source:  CourtListener

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