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  • Serna v. United States, 25 F.3d 1037, 1st Cir. (1994)

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    The court affirmed the denial of a petitioner's Section 2255 petition challenging his sentence. The district court previously found that certain questions asked of the petitioner during sentencing about other individuals were not evidence and did not affect his sentence. In a brief ruling, the appeals court agreed with the district court's reasoning and affirmed the denial of the petition.

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    Filed: 1994-06-06 Precedential Status: Non-Precedential Citations: 25 F.3d 1037 Docket: 93-2363

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    The court affirmed the denial of a petitioner's Section 2255 petition challenging his sentence. The district court previously found that certain questions asked of the petitioner during sentencing about other individuals were not evidence and did not affect his sentence. In a brief ruling, the appeals court agreed with the district court's reasoning and affirmed the denial of the petition.

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    Serna v. United States, 25 F.3d 1037, 1st Cir. (1994)

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    The court affirmed the denial of a petitioner's Section 2255 petition challenging his sentence. The district court previously found that certain questions asked of the petitioner during sentencing about other individuals were not evidence and did not affect his sentence. In a brief ruling, the appeals court agreed with the district court's reasoning and affirmed the denial of the petition.

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    of 1

    25 F.

    3d 1037

    NOTICE: First Circuit Local Rule 36.2(b)6 states unpublished


    opinions may be cited only in related cases.
    Augusto SERNA, Petitioner, Appellant,
    v.
    UNITED STATES of America, Respondent, Appellee.
    No. 93-2363.

    United States Court of Appeals,


    First Circuit.
    June 6, 1994

    APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE


    DISTRICT OF NEW HAMPSHIRE [Hon. Shane Devine, Senior U.S.
    District Judge ]
    Augusto Serna on brief pro se.
    Paul M. Gagnon, United States Attorney, and Peter E. Papps, First
    Assistant United States Attorney, on Motion for Summary Disposition,
    for appellee.
    D. N.H.
    AFFIRMED.
    Before Selya, Cyr and Boudin, Circuit Judges.
    Per Curiam.

    We affirm the denial of appellant's Sec. 2255 petition for the reasons stated by
    the district court in its November 23, 1993 order. The questions concerning
    Guillermo and Munoz, to which appellant responded in the negative, were not
    evidence and had no effect on the sentence.

    Affirmed.

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