Serna v. United States

June 6, 1994 [NOT FOR PUBLICATION] UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT No. 93-2363 AUGUSTO SERNA, Petitioner, Appellant, v. UNITED STATES OF AMERICA, Respondent, Appellee. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE [Hon. Shane Devine, Senior U.S. District Judge] Before Selya, Cyr and Boudin, Circuit Judges. Augusto Serna on brief pro se. Paul M. Gagnon, United States Attorney, and Peter E. Papps, First Assistant United States Attorney, on Motion for Summary Disposition, for appellee. Per Curiam. We affirm the denial of appellant's 2255 petition for the reasons stated by the district court in its November 23, 1993 order. The questions concerning Guillermo and Munoz, to which appellant responded in the negative, were not evidence and had no effect on the sentence. Affirmed. -2-