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  • Resurreccion v. United States, 1st Cir. (1994)

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    The United States Court of Appeals for the First Circuit affirmed the dismissal of Cesar B. Resurreccion's motion to vacate, set aside, or correct his sentence. The court reviewed the parties' briefs and the record and determined that Resurreccion failed to demonstrate his counsel was insufficiently prejudicial to undermine confidence in the trial outcome. As Resurreccion did not raise any issues that were sufficiently prejudicial, his petition for relief was properly denied.

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    Filed: 1994-11-04 Precedential Status: Precedential Docket: 94-1314

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    The United States Court of Appeals for the First Circuit affirmed the dismissal of Cesar B. Resurreccion's motion to vacate, set aside, or correct his sentence. The court reviewed the parties' briefs and the record and determined that Resurreccion failed to demonstrate his counsel was insufficiently prejudicial to undermine confidence in the trial outcome. As Resurreccion did not raise any issues that were sufficiently prejudicial, his petition for relief was properly denied.

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    8 views3 pages

    Resurreccion v. United States, 1st Cir. (1994)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the First Circuit affirmed the dismissal of Cesar B. Resurreccion's motion to vacate, set aside, or correct his sentence. The court reviewed the parties' briefs and the record and determined that Resurreccion failed to demonstrate his counsel was insufficiently prejudicial to undermine confidence in the trial outcome. As Resurreccion did not raise any issues that were sufficiently prejudicial, his petition for relief was properly denied.

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    of 3

    USCA1 Opinion

    November 3, 1994
    [NOT FOR PUBLICATION]
    UNITED STATES COURT OF APPEALS
    FOR THE FIRST CIRCUIT
    ____________________
    No. 94-1314
    CESAR B. RESURRECCION,
    Petitioner,
    v.
    UNITED STATES OF AMERICA,
    Respondent.
    ____________________
    APPEAL FROM THE UNITED STATES DISTRICT COURT
    FOR THE DISTRICT OF MASSACHUSETTS
    [Hon. Douglas P. Woodlock, U.S. District Judge]
    ___________________
    ____________________
    Before
    Boudin, Cyr and Stahl,
    Circuit Judges.
    ______________
    ____________________
    Cesar B. Resurreccion on brief pro se.
    _____________________
    Donald K. Stern, United States Attorney, and Timothy Q.

    Feel

    _______________
    ________________
    Assistant United States Attorney, on brief respondent.
    ____________________
    ____________________

    Per Curiam.
    __________
    the dismissal

    Petitioner Cesar

    by the United

    States District

    the

    pursuant to

    28

    U.S.C.

    2255, to vacate, set aside or correct his sentence.

    parties' briefs.
    the

    failure by

    sufficiently

    record in this

    case, as

    Petitioner has failed


    his counsel

    prejudicial

    outcome of the trial."


    233, 238 (1st Cir. 1994).
    was properly denied.
    Affirmed.
    ________

    motion,

    Court for

    of

    reviewed the

    his

    appeals

    District

    We have

    Massachusetts of

    B. Resurreccion

    to

    to raise
    undermine

    well as

    the

    to demonstrate that
    any issue

    below "was

    confidence

    Singleton v. United States,


    _________
    _____________

    in

    the

    26 F.3d

    Therefore, his petition for relief

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