USCA1 Opinion
December 13, 1995 [NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________
No. 95-1634
PETER A. LEBON,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.
____________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Jose Antonio Fuste, U.S. District Judge] ___________________
____________________
Before
Selya, Stahl and Lynch,
Circuit Judges. ______________
____________________
Peter A. Lebon on brief pro se. ______________
Donald K. Stern, United States Attorney, and Christopher Bator, ________________ _________________
Assistant U.S. Attorney, on brief for respondent.
____________________
____________________
Per Curiam. We have carefully reviewed the record and __________
affirm the district court's dismissal of appellant's 2255
petition without an evidentiary hearing.
1. Counsel's failure to subpoena Tina Pina's telephone
records was a permissible strategic decision which did not
constitute ineffective assistance of counsel. That Tina had
left in place a block preventing her from receiving
appellant's calls would have undercut counsel's spurned woman
strategy and would not have been particularly probative since
the jury might instead have concluded that the apology calls
occurred at a later time and that Tina had simply been
mistaken about the date.
2. Any error in introducing the nature of the
underlying felony conviction was harmless in view of Stefan
Pina's testimony concerning defendant's access to guns and
motive to possess one.
3. For the reasons stated in the district court's March
30, 1995 and May 23, 1995 opinions, appellant's claims of
prosecutorial misconduct do not warrant habeas relief.
Affirmed. ________
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