United States v. Cunningham ( 1996 )

USCA1 Opinion

                                [NOT FOR PUBLICATION]



                            UNITED STATES COURT OF APPEALS

                                FOR THE FIRST CIRCUIT

                                 ____________________





        No. 96-1167



                                    UNITED STATES,



                                      Appellee,



                                          v.



                                 JEFFREY CUNNINGHAM,



                                Defendant, Appellant.



                                 ____________________





                     APPEAL FROM THE UNITED STATES DISTRICT COURT



                              FOR THE DISTRICT OF MAINE



                       [Hon. Gene Carter, U.S. District Judge]
___________________



                                 ____________________



                                        Before



                                Torruella, Chief Judge,
___________

                          Boudin and Lynch, Circuit Judges.
______________



                                 ____________________



            Edward E. Eliot on brief for appellant.
_______________





                                 ____________________



                                   November 5, 1996

                                 ____________________









































                      Per Curiam.  Jeffrey  Cunningham pled guilty to one
__________



            count of credit card  fraud and was sentenced to  serve eight



            months in prison followed by  a three-year term of supervised



            release.   He  now  appeals  from  his sentence.    Appellate



            counsel has  filed a  brief under  Anders v.  California, 386
______     __________



            U.S.  738  (1967), explaining  why  there  is no  meritorious



            ground for  appeal.  Although counsel  notified Cunningham of



            his  right to file  a supplemental brief,  Cunningham has not



            filed any brief  and the  deadline for doing  so has  passed.



            After fully reviewing the  record, we agree that there  is no



            meritorious  ground for appeal.   We also note  that the plea



            hearing conformed substantially to  Rule 11 requirements  and



            that  any defect  was harmless.   See Fed. R.  Crim. P. 11(h)
___



            (variances  from  Rule  11  procedures which  do  not  affect



            substantial rights are to be disregarded).



                      We affirm appellant's  conviction and sentence  and
___________________________________________________



            grant counsel's motion to withdraw.
___________________________________







































                                         -2-