USCA1 Opinion
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________
No. 96-1311
EDGAR GRACIANI-GONZALES,
Petitioner, Appellant,
v.
MARIANO ACOSTA-GRUBB,
Respondent, Appellee.
____________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Hector M. Laffitte, U.S. District Judge] ___________________
____________________
Before
Selya, Cyr and Boudin,
Circuit Judges. ______________
____________________
Edgar Graciani Gonzales on brief pro se. _______________________
Guillermo Gil, United States Attorney, Jose A. Quiles, Senior ______________ _______________
Litigation Counsel, and Edwin O. Vazquez, Assistant United States _________________
Attorney, Deputy Chief, Criminal Division, on brief for appellee.
____________________
February 3, 1997
____________________
Per Curiam. Upon careful review of the briefs and __________
record, we conclude that petitioner's 2255 motion was
properly dismissed without a hearing, essentially for the
reasons stated by the district court. We add only these
comments.
1. We will not consider petitioner's claim, raised for
the first time on appeal, that his attorney had a conflict of
interest. See United States v. Jackson, 3 F.3d 506, 511 (1st ___ _____________ _______
Cir. 1993).
2. The district court was not required to give further
consideration to the affidavit purporting to absolve
petitioner of all involvement in the crime. The district
court correctly followed this court's prior ruling on that
point. See United States v. Graciani Gonzales, 61 F.3d 70, ___ ______________ _________________
78 (1st Cir. 1995).
3. Petitioner's motion to correct the PSR is denied. ______
See Fed. R. App. P. 10(e) (record may be corrected to ___
accurately reflect the proceedings below).
Affirmed. See 1st Cir. Loc. R. 27.1. ________ ___
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