Citation Limited Pursuant to 1st Cir. Loc. R. 32.3

United States Court of Appeals

For the First Circuit

No. 02-2648

UNITED STATES,

Appellee,

v.

JOSEPH L. HEARN,

Defendant, Appellant.

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW HAMPSHIRE

[Hon. Steven J. McAuliffe, U.S. District Judge ]

Before

Boudin, Chief Judge ,

Lynch and Lipez, Circuit Judges .

Joseph Hearn on brief pro se.

Peter E. Papps , First Assistant U.S. Attorney, and Thomas P. Colantuono , United States Attorney, on Motion for Summary Affirmance and Memorandum in Support for appellee.

Per Curiam . Upon a careful review of the judgment dismissing appellant's motion to modify his sentence, and in light of the record and the arguments on appeal, the judgment of dismissal is affirmed .

Alternatively, construing appellant's brief as a request for leave to file a second or successive habeas petition, we deny the request for failure to satisfy the statutory criteria.