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  • United States v. Richard Shaw, 977 F.2d 566, 1st Cir. (1992)

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    The court affirmed the district court's decision not to hold an evidentiary hearing or appoint counsel for Richard Shaw's sentencing review. The appellate court's remand instructed the sentencing judge only to review the matter and state his original sentencing intention, not hold a hearing. Therefore, the sentencing judge properly refused to hold a hearing, appoint counsel, or recuse himself from the case.

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    Filed: 1992-10-09 Precedential Status: Non-Precedential Citations: 977 F.2d 566 Docket: 92-1718

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    The court affirmed the district court's decision not to hold an evidentiary hearing or appoint counsel for Richard Shaw's sentencing review. The appellate court's remand instructed the sentencing judge only to review the matter and state his original sentencing intention, not hold a hearing. Therefore, the sentencing judge properly refused to hold a hearing, appoint counsel, or recuse himself from the case.

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    United States v. Richard Shaw, 977 F.2d 566, 1st Cir. (1992)

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    The court affirmed the district court's decision not to hold an evidentiary hearing or appoint counsel for Richard Shaw's sentencing review. The appellate court's remand instructed the sentencing judge only to review the matter and state his original sentencing intention, not hold a hearing. Therefore, the sentencing judge properly refused to hold a hearing, appoint counsel, or recuse himself from the case.

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    of 1

    977 F.

    2d 566

    NOTICE: First Circuit Local Rule 36.2(b)6 states unpublished


    opinions may be cited only in related cases.
    UNITED STATES, Appellee,
    v.
    Richard SHAW, Defendant, Appellant.
    No. 92-1718.

    United States Court of Appeals,


    First Circuit.
    October 9, 1992

    Appeal From the United States District Court for the District of
    Massachusetts
    Richard A. Shaw, on brief pro se.
    A. John Pappalardo, United States Attorney, and Tobin N. Harvey,
    Assistant United States Attorney, on brief for appellee.
    D.Mass.
    AFFIRMED
    Before Breyer, Chief Judge, Torruella and Selya, Circuit Judges.
    Per Curiam.

    The terms of this court's remand did not call for an evidentiary hearing, but
    rather for the sentencing judge simply to review the matter and state what his
    original sentencing intention was. Consequently, the sentencing judge did not
    err in refusing to hold an evidentiary hearing, to appoint counsel, or to recuse
    himself.

    Affirmed.

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