USCA1 Opinion

[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS

FOR THE FIRST CIRCUIT
____________________

No. 96-1167

UNITED STATES,

Appellee,

v.

JEFFREY CUNNINGHAM,

Defendant, Appellant.

____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MAINE

[Hon. Gene Carter, U.S. District Judge]

___________________

____________________

Before

Torruella, Chief Judge,

___________
Boudin and Lynch, Circuit Judges.
______________

____________________

Edward E. Eliot on brief for appellant.

_______________

____________________

November 5, 1996
____________________

Per Curiam.
__________

count of credit card

Jeffrey

Cunningham pled guilty to one

fraud and was sentenced to

serve eight

months in prison followed by

release.

counsel has

U.S.

738

ground for

his

He

now

appeals

filed a

from

brief under

(1967), explaining

appeal.

right to file

filed any brief

why

and the

(variances

from

there

11

meritorious

notified Cunningham of

Cunningham has not

so has

passed.

record, we agree that there

was harmless.

Rule

Appellate

California, 386
__________

is no

deadline for doing

ground for appeal.

any defect

Anders v.
______

a supplemental brief,

hearing conformed substantially to

that

his sentence.

Although counsel

After fully reviewing the

meritorious

a three-year term of supervised

We also note

is no

that the plea

Rule 11 requirements

See Fed. R.
___

procedures which

substantial rights are to be disregarded).

and

Crim. P. 11(h)

do

not

affect

We affirm appellant's conviction and sentence and

___________________________________________________

grant counsel's motion to withdraw.

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