USCA1 Opinion

April 26, 1994

[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
___________________

No. 93-2086

MANUEL JIMENEZ-ISALE,
Plaintiff, Appellant,
v.
UNITED STATES OF AMERICA,
Defendant, Appellee.
__________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Juan M. Perez-Gimenez, U.S. District Judge]
___________________

___________________
Before
Breyer, Chief Judge,
___________
Selya and Boudin, Circuit Judges.
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___________________
Manuel Jimenez-Isale on brief pro se.
____________________
Guillermo Gil, United States Attorney,
______________
O'Hare, Trial Attorney, on brief for appellee.
______

and

Michael E.
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__________________
__________________

Per Curiam.
__________
this case,

We have reviewed

the report

and recommendation of

judge, the opinion and

parties' briefs.

We

We

in

the magistrate

order of the district court,

find no merit in appellant's

the denial of his petition

to 28 U.S.C.

carefully the record

and the
appeal of

for habeas corpus relief pursuant

2255.

make only

two

remarks.

transcript of appellant's change

that appellant "received 'real

First,

a review

of

the

of plea hearing makes clear

notice of the true nature

the charge against him,'" Henderson v.

_________

of

Morgan, 426 U.S. 637,

______

645 (1976)

(quoting

(1941)), and,

Smith v.
_____

O'Grady,
_______

therefore, that his

constitutional sense," id.

__

fact that it

was imposed by

explanation for

appellant's

334
in a

Second, inasmuch as the sentence

appellant was within the

sentenced

329,

plea was "voluntary

imposed upon

who

312 U.S.

statutory limits, the

a different judge from

coconspirator

the disparity [in

464 U.S. 855 (1983).

Affirmed.
________

-2-

an

adequate

sentences] and eliminates

any possible appearance of vindictiveness."

Quejada-Zurique, 708 F.2d 857,
_______________

"is

the one

United States v.
_____________

861 (1st Cir.), cert. denied,

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