Jimenez-Isale v. United States

USCA1 Opinion

          April 26, 1994        [NOT FOR PUBLICATION]

                            UNITED STATES COURT OF APPEALS
                                FOR THE FIRST CIRCUIT

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          No. 93-2086

            


                                MANUEL JIMENEZ-ISALE,

                                Plaintiff, Appellant,

                                          v.

                              UNITED STATES OF AMERICA,

                                 Defendant, Appellee.


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                     APPEAL FROM THE UNITED STATES DISTRICT COURT

                           FOR THE DISTRICT OF PUERTO RICO

                  [Hon. Juan M. Perez-Gimenez, U.S. District Judge]
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                                        Before

                                 Breyer, Chief Judge,
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                          Selya and Boudin, Circuit Judges.
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               Manuel Jimenez-Isale on brief pro se.
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               Guillermo  Gil,  United  States  Attorney,  and  Michael  E.
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          O'Hare, Trial Attorney, on brief for appellee.
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                 Per Curiam.   We have reviewed  carefully the record  in
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            this case,  the report  and recommendation of  the magistrate

            judge, the opinion and  order of the district court,  and the

            parties' briefs.  We  find no merit in appellant's  appeal of

            the denial of his petition  for habeas corpus relief pursuant

            to 28 U.S.C.   2255.

                 We  make only  two  remarks.   First,  a review  of  the

            transcript of appellant's change  of plea hearing makes clear

            that appellant "received 'real  notice of the true nature  of

            the charge against him,'" Henderson v.  Morgan, 426 U.S. 637,
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            645 (1976)  (quoting  Smith v.  O'Grady,  312 U.S.  329,  334
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            (1941)), and,  therefore, that his  plea was "voluntary  in a

            constitutional sense," id.   Second, inasmuch as the sentence
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            imposed upon  appellant was within the  statutory limits, the

            fact that it  was imposed by  a different judge from  the one

            who  sentenced  appellant's  coconspirator  "is  an  adequate

            explanation for  the disparity [in  sentences] and eliminates

            any possible appearance of vindictiveness."  United States v.
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            Quejada-Zurique, 708 F.2d 857,  861 (1st Cir.), cert. denied,
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            464 U.S. 855 (1983).  

                 Affirmed.
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