Taylor v. United States

U.S. Court of Appeals for the First Circuit

Taylor v. United States

Opinion

USCA1 Opinion









June 29, 1995
[NOT FOR PUBLICATION]
UNITED STATE COURT OF APPEALS
FOR THE FIRST CIRCUIT





____________________

No. 94-2143

KEVIN G. TAYLOR,

Petitioner, Appellant,

v.

UNITED STATES OF AMERICA,

Respondent, Appellee.


____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Walter Jay Skinner, U.S. District Judge] ___________________

____________________

Before

Cyr, Boudin and Stahl,
Circuit Judges. ______________

____________________

Kevin G. Taylor on brief pro se. _______________
Donald K. Stern, United States Attorney, and Kimberly S. Budd, ________________ _________________
Assistant U.S. Attorney, on brief for appellee.


____________________

____________________




















Per Curiam. This is an appeal of a district court order __________

denying the motion of petitioner Kevin Taylor to set aside

his conviction and sentence. See 28 U.S.C. 2255. We ___

affirm the district court's order substantially for the

reasons given by Judge Skinner, adding a brief comment. Like

the district court, we can find no indication that the lack

of counsel at arraignment affected petitioner's subsequent

trial. No presumption exists that lack of counsel at an

arraignment prejudices all subsequent stages of the

proceeding where, as here, the only significant happening at

the arraignment was the entry of a not guilty plea. And,

without some infection of the subsequent proceedings, there

is no warrant for relief under 2255.

Affirmed. ________






























Reference

Status
Published