Benefield v. United States

U.S. Court of Appeals for the First Circuit

Benefield v. United States

Opinion

USCA1 Opinion












[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT



____________________


No. 96-1388

LONNIE BENEFIELD,

Petitioner, Appellant,

v.

UNITED STATES OF AMERICA,

Respondent, Appellee.


____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Robert E. Keeton, U.S. District Judge] ___________________

____________________

Before

Torruella, Chief Judge, ___________
Selya and Stahl, Circuit Judges. ______________

____________________

Lonnie Benefield on brief pro se. ________________
Donald K. Stern, United States Attorney, and Michael J. Pelgro, ________________ __________________
Assistant U.S. Attorney, on brief for appellee.


____________________

October 23, 1996
____________________















Per Curiam. After careful review of the briefs and ___________

record, we conclude that the district court properly

dismissed appellant's 2255 petition for the reasons stated

in the order dated July 25, 1995, as amended March 29, 1996.

We add only these comments.

1. Appellant's complaint regarding the lack of stated

reasons for the 20-year sentence was not properly raised in

his 2255 petition, as it was not raised on direct appeal.

See Knight v. United States, 37 F.3d 769, 772-73 (1st Cir. ___ ______ _____________

1994).

2. Appellant's complaints regarding the proceedings on

remand from the direct appeal also did not present grounds

for 2255 relief. The proceedings on remand were limited by

the scope of the direct appeal, and appellant was not

entitled to raise new objections at that stage. See United ___ ______

States v. Connell, 6 F.3d 27, 30 (1st Cir. 1993); see also ______ _______ ________

Fed. R. Crim. P. 35(a)(1) & 43(c)(4). Appellant's complaint

about the delay on remand is also without merit. See Fed. R. ___

Crim. P. 35(a)(1) (current version).

3. We do not address the argument raised in

appellant's reply brief that the district court on remand

failed to advise him of his right to appeal under Fed. R.

Crim. P. 32(c)(5). That argument was neither presented below

nor raised here in a timely fashion. See, e.g., Sandstrom v. ___ ____ _________

Chemlawn Corp., 904 F.2d 83, 86 (1st Cir. 1990) (arguments ______________



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not made to the district court or in the opening brief are

waived).

Affirmed. See 1st Cir. Loc. R. 27.1. ________ ___















































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Reference

Status
Published