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  • United States v. Hearn, 1st Cir. (2003)

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    The United States Court of Appeals for the First Circuit affirmed the district court's dismissal of Joseph Hearn's motion to modify his sentence. The appeals court conducted a careful review of the judgment and record, and affirmed the dismissal. Alternatively, construing Hearn's brief as a request to file a second habeas petition, the court denied the request as it did not satisfy the statutory criteria for successive habeas petitions.

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    Filed: 2003-07-08 Precedential Status: Precedential Docket: 02-2648

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    The United States Court of Appeals for the First Circuit affirmed the district court's dismissal of Joseph Hearn's motion to modify his sentence. The appeals court conducted a careful review of the judgment and record, and affirmed the dismissal. Alternatively, construing Hearn's brief as a request to file a second habeas petition, the court denied the request as it did not satisfy the statutory criteria for successive habeas petitions.

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    Public Domain
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    2 views2 pages

    United States v. Hearn, 1st Cir. (2003)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the First Circuit affirmed the district court's dismissal of Joseph Hearn's motion to modify his sentence. The appeals court conducted a careful review of the judgment and record, and affirmed the dismissal. Alternatively, construing Hearn's brief as a request to file a second habeas petition, the court denied the request as it did not satisfy the statutory criteria for successive habeas petitions.

    Copyright:

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    of 2

    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.
    July 8, 2003
    Per

    Curiam .

    Upon

    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

    second

    or

    successive

    habeas

    petition, we deny the request for failure to satisfy the


    statutory criteria.

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