May 17, 1995
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 94-2223
UNITED STATES,
Appellee,
v.
RICHARD G. DUNTON, JR.,
Defendant, Appellant.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
[Hon. Joseph A. DiClerico, U.S. District Judge]
Before
Torruella, Chief Judge,
Selya and Lynch, Circuit Judges.
David H. Bownes on brief for appellant.
Paul M. Gagnon, United States Attorney, and Jean B. Weld,
Assistant United States Attorney, on brief for appellee.
Per Curiam. We have reviewed the parties' briefs and
the record on appeal. We affirm the denial of appellant's
motion to withdraw his guilty plea, essentially for the
reasons stated in the district court's order of August 22,
1994.
We add only the following. There was no error in the
district court's declining to receive the testimony of
appellant's co-defendant, Robin Greenan, at the hearing on
the motion to withdraw the guilty plea. Greenan's counsel
stated that Greenan would invoke her Fifth Amendment right
against self-incrimination. Greenan, herself, signed an
affidavit stating her intention to invoke that right. The
information that Greenan allegedly could offer to bolster
appellant's claim of innocence had already been provided
through the testimony of appellant's former counsel. In
these circumstances, the district court did not abuse its
discretion in deciding not to put Ms. Greenan on the stand
for the purpose of invoking her Fifth Amendment right and in
concluding that the proffered information would be
cumulative.
The joint motion to submit this appeal on briefs without
oral argument is granted.
The judgment of the district court is affirmed. Loc. R.
27.1.