United States v. Cuevas ( 1994 )

USCA1 Opinion

          September 26, 1994
                            UNITED STATES COURT OF APPEALS
                                FOR THE FIRST CIRCUIT

                                 ___________________




           No. 93-1224

                                    UNITED STATES,
                                      Appellee,

                                          v.

                                   ABELARDO CUEVAS,
                                 Defendant, Appellant


                                 ____________________


                                     ERRATA SHEET


               This opinion of this  court issued on September 22  1994, is
          amended as follows:

               On page 2 line  15 please insert the number  "1169-70" after
          the "comma" and the number "1162,".
































        September 21, 1994      [NOT FOR PUBLICATION]
                            UNITED STATE COURT OF APPEALS
                                FOR THE FIRST CIRCUIT


                                 ____________________


        No. 93-1224

                                    UNITED STATES,

                                      Appellee,

                                          v.

                                   ABELARDO CUEVAS,

                                Defendant, Appellant.


                                 ____________________

                     APPEAL FROM THE UNITED STATES DISTRICT COURT

                          FOR THE DISTRICT OF MASSACHUSETTS

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

                                 ____________________

                                        Before

                                  Cyr, Circuit Judge,
                                       ______________
                          Bownes, Senior Circuit Judge, and
                                  ____________________
                                Stahl, Circuit Judge.
                                       ______________

                                 ____________________

            James B. Krasnoo on brief for appellant.
            ________________


                                 ____________________

                                 ____________________





























                      Per Curiam.  Appellant Abelardo  Cuevas appeals his
                      __________

            conviction   for  possession  of   cocaine  with   intent  to

            distribute,  conspiracy to  possess  cocaine with  intent  to

            distribute, and aiding  and abetting same.   He also  appeals

            his sentence  of 235 months  imprisonment.  We  have reviewed

            carefully the  record in this case,  including the transcript

            of  appellant's  trial,  the transcript  of  his  disposition

            hearing, and appellant's briefs.   We find no merit in any of

            appellant's  claims  that  the  district  court erred  either

            during  trial  or  at  appellant's  sentencing.   Appellant's

            objection to the ethnic composition of the jury is foreclosed

            by this court's decision in United States v. Pion, 25 F.3d 18
                                        _____________    ____

            (1st  Cir. 1994).    Appellant's  claim  that he  was  denied

            effective  assistance  of  counsel  should  be  raised  in  a

            collateral proceeding  pursuant to 28  U.S.C.    2255.   See,
                                                                     ___

            e.g.,  United States  v.  Jadusingh, 12  F.3d 1162,  1169-70,
            ___    _____________      _________

            (1st Cir. 1994).

                 Affirmed.
                 ________

















                                         -3-