USCA1 Opinion

March 29, 1994

[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
___________________

No. 93-1975

UNITED STATES,
Appellee,
v.
GEORGE MORAN,
Defendant, Appellant.

__________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. A. David Mazzone, U.S. District Judge]
___________________
___________________
Before
Breyer, Chief Judge,
___________
Cyr and Stahl, Circuit Judges.
______________

___________________

George A. Moran on brief pro se.

_______________
Donald K. Stern, United States Attorney, and George W. Vien,
_______________
______________
Assistant United States Attorney, on brief for appellee.

__________________
__________________

Per Curiam.
__________

There was no abuse of discretion in denying

appellant's motions
hearing

filed

vacate,

set

U.S.C.

2255.

or

for

discovery and

in advance
__________
aside or

of the

correct

for

filing

an
of any

a sentence,

evidentiary
motion to

pursuant

to 28

Appellant is not entitled to either discovery

an evidentiary

basis

for

hearing

collateral

in the

relief

from

DeVincent v.
_________

United States, 632

______________

(holding that

there was no error

of dismissal of

hope of
his

uncovering some

conviction.

F.2d 145,

146 (1st

See
___
Cir.)

in denying reconsideration

2255 motion on the basis

of a speculative

request

for broad-scale

discovery and

which sought to subpoena grand

Assistant

United States

stenographer,

jury foreman and members, the

Attorney and

and the stenographer's

and

to allow the questioning of

the

way in

which the

605 F.2d 379,

his aides,

the court

notes and transcripts,

all parties concerned about

indictment was

cert. denied, 449 U.S. 1038

____________

evidentiary hearing,

voted

and returned),

(1980); United States v.

_____________

380 (8th Cir. 1979) (per

denying request

for transcript

the filing of a

2255 motion).

curiam) (no error in

of conviction in

advance of

If the appellant has grounds

for collateral relief,

he must

setting forth, as best

he can, some supported basis

claim.

From

this

filing, the

Lewis,
_____

first file a

district

2255

court

motion
for his

may

determine whether discovery and/or an evidentiary hearing

warranted.

-2-

Affirmed.
_________

then
is

-3-