December 7, 1995 [NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 95-1026
UNITED STATES,
Appellee,
v.
JOSEPH FALCONE,
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,
Stahl and Lynch, Circuit Judges.
William A. Hahn and Hahn & Matkov on brief for appellant.
Jay P. McCloskey, United States Attorney, Helene Kazanjian,
Assistant U.S. Attorney, and George T. Dilworth, Assistant U.S.
Attorney, on brief for appellee.
Per Curiam. Having carefully reviewed the parties'
briefs and the record, we affirm the judgment. Contrary to
appellant's suggestion, the Sentencing Guidelines explicitly
provide that "uncounseled misdemeanor sentences where
imprisonment was not imposed" are "to be counted in the
criminal history score." U.S.S.G. 4A1.2 comment.
(backg'd). Falcone's constitutional challenge was rejected
by the Supreme Court in Nichols v. United States, 114 S. Ct.
1921 (1994). Accordingly, the district court committed no
error, much less plain error, in computing appellant's
criminal history score. Affirmed. See Loc. R. 27.1.
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