USCA1 Opinion

February 17, 1995

[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT

____________________
No. 94-1875
UNITED STATES,
Appellant,
v.
ROBERT PALEO,
Defendant - Appellee.
____________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Joseph L. Tauro, U.S. District Judge]
___________________
____________________
Before
Torruella, Chief Judge,
___________
Aldrich, Senior Circuit Judge,
____________________
and Stahl, Circuit Judge.
_____________

_____________________

Carole S. Schwartz, Assistant United States Attorney, with

___________________
whom Donald K. Stern, United States Attorney, was on brief for
_______________
appellant.
Mark G. Miliotis, with whom Miliotis & McQuade, was on brief
________________
__________________
for appellee.

____________________
____________________

Per Curiam.
Per Curiam
___________

The United

States appeals

the district

court's refusal to impose a fifteen-year mandatory sentence under

the Armed Career Criminal Act, ("ACCA"), 18 U.S.C.
In
one-count

indictment

possession
Because
entreated
year

March 1990, appellee Robert

charging

of a firearm in

Paleo

had

Paleo pled guilty to a

with

violation of 18

prior

the district court

mandatory sentence

him

under

criminal

924(e).

being
U.S.C.

record,

to sentence Paleo
the ACCA.

the

felon

in

922(g)(1).

government

to the fifteen-

In response,

Paleo

challenged

the

constitutionality

convictions that
sentence

his

formed the basis of

under the

ACCA.

been denied counsel

The

state

court

of his

challenge, Paleo

to by himself, stating that

during critical

convictions.

prior

the government's requested

In support

submitted an affidavit sworn

prior

of

stages of two

affidavit was

he had

of his

supported

by

four

several

deficiencies in the state records.

The
that

district

Paleo had

convictions.

court allowed

been denied

counsel at

Accordingly,

government's request
sentence under the

for

maximum sentence

the

ACCA, and

months' incarceration

the challenge,

and two

allowed under

the

two

district

imposition

of his
court

of

the

instead imposed a

and found

four prior
denied

the

fifteen-year

sentence of

years of supervised

21

release, the

the Sentencing Guidelines.

The

government now appeals, claiming 1) that the district court erred

as a

matter

convictions,

of law

in

and 2) that

ruling with

respect to

the district court's

Paleo's

prior

findings of fact

regarding Paleo's denial of his right of counsel during his prior

convictions were clearly erroneous.

Having carefully reviewed the district court's opinion,

and finding no abuse of discretion or clear
government's arguments, and affirm.
Affirmed.
________

-3-

error, we reject the