USCA1 Opinion

February 23, 1995

[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT

____________________
No. 94-1876
ANGEL TORRES-LOPEZ,
Plaintiff, Appellant,
v.
UNITED STATES OF AMERICA,
Defendant, Appellee.
____________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Jaime Pieras, Jr., Senior U.S. District Judge]
__________________________
____________________
Before
Torruella, Chief Judge,

___________
Selya and Boudin, Circuit Judges.
______________
____________________

Angel Torres-Lopez on brief pro se.

__________________
Guillermo Gil, United States Attorney, and Salixto Medina-Mala
_____________
___________________
Deputy Chief, Criminal Division, United States Attorney's Office,
brief for appellee.
____________________

____________________
Per Curiam.
___________

Petitioner Angel Torres-Lopez appeals

the denial of a motion pursuant to 28 U.S.C.

his judgment of
record

conviction.

After

2255 to vacate

carefully reviewing

the

and the briefs of the parties, we affirm the judgment

of the district court for the reasons stated in its Opinion &
Order dated July 14, 1994.
1.

On appeal, petitioner avers

court abused its discretion

the

2255 petition.

issue below.
Where a
hearing

In any

2255 motion
is

We add only two comments.

that the district

in failing to hold a

First, petitioner did

hearing on

not raise this

event, we do not find any merit

arguably is adequate

not necessary

if

the

motion is

to it.

on its face,

"conclusively

refuted as to the
the case."

alleged facts by the files

United States v.
_____________

and records of

DiCarlo, 575 F.2d 952, 954 (1st

_______

Cir.), cert. denied, 439 U.S. 834 (1978) (internal

____________
marks
the

and citation omitted).

application

undisputed

of certain

facts.

quotation

The motion here involves only

principles

Thus, the

of

law to

rule that material

largely
issues of

fact may not be decided without an evidentiary hearing is not

applicable.

See id.
___ ___

facts with which the

"Moreover, if the claim is

trial court, through . .

based upon

. observation

at trial, is familiar, the court may make findings without an

additional hearing . . . . "
2.

This

brings

petitioner's assertion
have recused himself.
claim below.

The only

Id.
___
us

to

the

that the district

Again,

second

issue

court judge should

petitioner did not raise

basis for this

--

claim is that

this
the

2255

motion

required

the

judge

determination on a question

of course,

Panzardi-Alvarez
________________

be the

to

985.

basis for

a motion

new

factual
had made

allege that

to recuse."

F.2d 975,

493 U.S. 1082 (1990).

merely

because he had been

"Prior adverse rulings alone

v. United States, 879

______________

Cir. 1989), cert. denied,

____________
not sufficient

make

as to which he already

an allegedly erroneous finding.

cannot,

to

judge

984 (1st

It
is

involved in petitioner's trial.

also is
biased
Id. at
___

Aside from the claim of the allegedly erroneous ruling,

petitioner fails
bias on the

to present

judge's part.

judge to determine that a

any facts that

Finally, it is

would establish
appropriate for a

2255 motion can be denied without

a hearing even if he was the judge at trial.

See id.
___ ___

The judgment of the district court is affirmed.

________

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