United States v. Rodriguez-Colon ( 1999 )


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  • USCA1 Opinion


           [NOT FOR PUBLICATION NOT TO BE CITED AS PRECEDENT]
    
    United States Court of Appeals
    For the First Circuit





    No. 98-1543

    UNITED STATES,

    Appellee,

    v.

    JOHAMID HERNANDEZ-COTTO,

    Defendant, Appellant.



    APPEAL FROM THE UNITED STATES DISTRICT COURT

    FOR THE DISTRICT OF PUERTO RICO

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



    Before

    Selya, Boudin and Lynch,
    Circuit Judges.




    Maria Soledad Ramirez-Becerra on brief for appellant.
    Guillermo Gil, United States Attorney, Jorge E. Vega-Pacheco,
    Assistant United States Attorney, and Nelson Perez-Sosa, Assistant
    United States Attorney, on brief for appellee.





    June 10, 1999






    Per Curiam. Upon careful review of the briefs and
    record, we find no merit in defendant's belated claim that his
    plea was invalid. The district court was not obligated to
    provide the detailed instruction suggested by defendant, and,
    in addition, it is implausible that the omitted information
    would have made any material difference in defendant's decision
    to plead guilty. Defendant has not shown "a fundamental defect
    which inherently results in a complete miscarriage of justice
    . . . or an omission inconsistent with the rudimentary demands
    of fair procedure." United States v. Lopez-Pineda, 55 F.3d
    693, 696-97 (1st Cir. 1995) (internal citations and quotations
    omitted).
    Defendant's claim of ineffective assistance of
    counsel also fails. Even assuming arguendo that defendant's
    factual assertions were true, in all the circumstances of this
    case, we cannot say that defendant's attorney was required to
    advise what we view as a "very dangerous course." See United
    States v. Montanez, 82 F.3d 520, 523 (1st Cir. 1996).
    Affirmed. See 1st Cir. Loc. R. 27.1.

Document Info

Docket Number: 98-1543

Filed Date: 6/14/1999

Precedential Status: Precedential

Modified Date: 9/21/2015