United States First Circuit

A certificate of appealability was inappropriately issued where petitioner procedurally defaulted his Sixth Amendment claim, and failed to make a substantial showing that his right to a jury trial was denied through disparity of sentence, as compared to co-conspirators.

Appellate Information

• Decided 10/21/2002
• Published 10/21/2002

Judges

• STAHL, Senior Circuit Judge., Before TORRUELLA, Circuit Judge, B. FLETCHER, Senior Circuit Judge, and STAHL, Senior Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Michael C. Bourbeau, with whom Bourbeau & Bonilla was on brief, for appellant.


• For Appellees:
  
• Kevin O'Regan, Assistant United States Attorney, with whom James B. Farmer, Chief, Criminal Division, Dina Michael Chaitowitz, Appellate Chief, and Michael J. Sullivan, United States Attorney, were on brief, for appellee.