United States v. Robert S. Candee, 963 F.2d 366, 1st Cir. (1992)

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963 F.2d 366 NOTICE: First Circuit Local Rule 36.2(b)6 states unpublished opinions may be cited only in related cases. UNITED STATES OF AMERICA, Appellee, v. Robert S. CANDEE, Defendant, Appellant.  No. 91-2340. United States Court of Appeals, First Circuit.  June 8, 1992 . Of the Eighth Circuit, sitting by designation Of the District of Puerto Rico, sitting by designation Ralph J. Perrotta for appellant. Margaret E. Curran, Assistant United States Attorney, with whom Lincoln C. Almond, United States Attorney, and Anthony C. DiGioia, Assistant United States Attorney, were on brief, for the United States. Before Selya, Circuit Judge, Lay, *  Senior Circuit Judge, and Pieras, ** District Judge. Per Curiam. 1 Because this appeal presents no substantial question of fact or law, we summarily affirm the judgment below. See 1st Cir. Loc. R. 27.1. We add only that nothing in this record requires that we resolve the perceived conflict  between United Sta tes v. Behnezh ad, 907 F.2d 89 6 (9th Cir. 19 90) and United States v. Boling, 947 F.2d 1461 (10th Cir. 1991), and we decline gratuitously to do so. 2 Affirmed. *

Transcript of United States v. Robert S. Candee, 963 F.2d 366, 1st Cir. (1992)

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963 F.2d 366

NOTICE: First Circuit Local Rule 36.2(b)6 states unpublished

opinions may be cited only in related cases.

UNITED STATES OF AMERICA, Appellee,

v.Robert S. CANDEE, Defendant, Appellant.

 No. 91-2340.

United States Court of Appeals,

First Circuit.

 June 8, 1992.

Of the Eighth Circuit, sitting by designation

Of the District of Puerto Rico, sitting by designation

Ralph J. Perrotta for appellant.

Margaret E. Curran, Assistant United States Attorney, with whom Lincoln

C. Almond, United States Attorney, and Anthony C. DiGioia, Assistant

United States Attorney, were on brief, for the United States.

Before Selya, Circuit Judge, Lay,* Senior Circuit Judge, and Pieras,**

District Judge.

Per Curiam.

1 Because this appeal presents no substantial question of fact or law, we

summarily affirm the judgment below. See 1st Cir. Loc. R. 27.1. We add only

that nothing in this record requires that we resolve the perceived conflict

 between United States v. Behnezhad, 907 F.2d 896 (9th Cir. 1990) and United

States v. Boling, 947 F.2d 1461 (10th Cir. 1991), and we decline gratuitously to

do so.

2 Affirmed.

*

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