USCA1 Opinion

      [NOT FOR PUBLICATION--NOT TO BE CITED AS PRECEDENT]



                 United States Court of Appeals

                     For the First Circuit

                                

                                







No. 97-1180



                       ALFONSO MENA-ROBLES,



                      Plaintiff, Appellant,



                                v.



                    UNITED STATES OF AMERICA,



                       Defendant, Appellee.







           APPEAL FROM THE UNITED STATES DISTRICT COURT



                 FOR THE DISTRICT OF PUERTO RICO



         [Hon. Salvador E. Casellas, U.S. District Judge]







                              Before



                    Boudin, Stahl and Lynch,

                        Circuit Judges.

                                

                                





     Alfonso Mena-Robles on brief pro se.

     Guillermo Gil, United States Attorney, Nelson Perez-Sosa,

Assistant United States Attorney, and Jose A. Quiles-Espinosa,

Assistant United States Attorney, Senior Litigation Counsel, on

brief for appellee.











JUNE 2, 1998









            Per Curiam.  We have carefully reviewed the record

    and briefs on appeal and affirm the judgment below.  The

    appellant previously challenged the enhancement of his sentence

    on direct appeal, and his purported new evidence was available

    to him, with due diligence, prior to sentencing.  See generallySeville v. United States, 451 F.2d 649 (1st Cir. 1971).  Denial

    of the 28 U.S.C.  2255 motion without a hearing was proper

    given that the appellant's allegations are insufficient to

    warrant relief.  David v. United States, 134 F.3d 470, 477 (1st

    Cir. 1998).

              Affirmed.  Loc. R. 27.1.