United States v. Moran

USCA1 Opinion









March 29, 1994 [NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT

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No. 93-1975




UNITED STATES,

Appellee,

v.

GEORGE MORAN,

Defendant, Appellant.



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APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. A. David Mazzone, U.S. District Judge]
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Before

Breyer, Chief Judge,
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Cyr and Stahl, Circuit Judges.
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George A. Moran on brief pro se.
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Donald K. Stern, United States Attorney, and George W. Vien,
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Assistant United States Attorney, on brief for appellee.



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Per Curiam. There was no abuse of discretion in denying
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appellant's motions for discovery and for an evidentiary

hearing filed in advance of the filing of any motion to
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vacate, set aside or correct a sentence, pursuant to 28

U.S.C. 2255. Appellant is not entitled to either discovery

or an evidentiary hearing in the hope of uncovering some

basis for collateral relief from his conviction. See
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DeVincent v. United States, 632 F.2d 145, 146 (1st Cir.)
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(holding that there was no error in denying reconsideration

of dismissal of 2255 motion on the basis of a speculative

request for broad-scale discovery and evidentiary hearing,

which sought to subpoena grand jury foreman and members, the

Assistant United States Attorney and his aides, the court

stenographer, and the stenographer's notes and transcripts,

and to allow the questioning of all parties concerned about

the way in which the indictment was voted and returned),

cert. denied, 449 U.S. 1038 (1980); United States v. Lewis,
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605 F.2d 379, 380 (8th Cir. 1979) (per curiam) (no error in

denying request for transcript of conviction in advance of

the filing of a 2255 motion). If the appellant has grounds

for collateral relief, he must first file a 2255 motion

setting forth, as best he can, some supported basis for his

claim. From this filing, the district court may then

determine whether discovery and/or an evidentiary hearing is

warranted.



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Affirmed.
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