USCA1 Opinion
December 7, 1995 [NOT FOR PUBLICATION]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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