Professional Documents
Culture Documents
_________________________
No. 95-1427
THOMAS A. FAULHABER,
Petitioner, Appellant,
v.
Respondent, Appellee.
_________________________
__________________________
Before
__________________________
Assistant
United
States
Attorney,
and
__________________________
__________________________
____________________
*Of the District of Massachusetts, sitting by designation.
Per Curiam.
Per Curiam.
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dismissal of the
2255
(1994)
thoughtful
A. Faulhaber pursuant to 28
for essentially
report of
the
the
reasons
magistrate judge,
set
U.S.C.
forth in
dated November
the
4,
First,
rejected
rule
on direct appeal
review under
v.
the
clear
may not be
F.2d 1184,
is
that
claims
raised
resurrected on collateral
2255 petition.
1190
n.11 (1st
See Barrett
___ _______
Cir. 1992);
1991), cert.
_____
Cir. 1967),
and
U.S. 1003
370 F.2d
(1964).
The
petitioner ignores
that this
this rule,
rehashing
several arguments
as unavailing.
See United
___ ______
constitutionally
effective
assistance
from the
attorneys
appeal is bootless.
who
The record
stellar
defense, and
that his
in
failing to object
the criminal
direct appeal
was handled
in a
trial or to
the
petition,
dismissed as
neither
the
ineffective
8-9
(1st
meritless
Cir. 1994)
the very
judge
performance nor
assistance.
by
On the face of
prejudice
prong of
the
who
satisfy
test for
(setting
forth applicable
constitutional
failed
to
produce
obligations
exculpatory
evidence in
violation
of
its
During
with
the magistrate)
which petitioner
extent
they
that the
now
exist,
"undiscovered" deposit
alludes either
would
most probably
rejected
imagined or,
have
into evidence.
to
the
reinforced
the
At any
rate, we
section
are
slips to
2255 petition.
And,
of a
of time has
It follows
F.3d 223,
F.2d 915,
917 (9th Cir. 1989); Baumann v. United States, 692 F.2d 565, 572_______
_____________
We need go no further.
be relitigated in
perpetuity.
flies in
the
issue of
affirmed.
Affirmed.
Affirmed.
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