
USCA1 Opinion

	




          March 31, 1994        [NOT FOR PUBLICATION]                            UNITED STATES COURT OF APPEALS                                FOR THE FIRST CIRCUIT                                 ____________________        No. 93-1701                                    GEORGE W. DAVID,                                Petitioner, Appellant,                                          v.                              UNITED STATES OF AMERICA,                                Respondent, Appellee.                                 ____________________                     APPEAL FROM THE UNITED STATES DISTRICT COURT                          FOR THE DISTRICT OF MASSACHUSETTS                 [Hon. Frank H. Freedman, Senior U.S. District Judge]                                          __________________________                                 ____________________                                        Before                                 Breyer, Chief Judge,                                         ___________                         Torruella and Selya, Circuit Judges.                                              ______________                                 ____________________            George W. David on brief pro se.            _______________            A. John  Pappalardo, United  States Attorney, and  John P.  Pucci,            ___________________                                ______________        Assistant United States Attorney, on brief for appellee.                                 ____________________                                 ____________________                      Per Curiam.  Appellant George W. David appeals from                      __________            the dismissal of his motion filed under 28 U.S.C.   2255.  In            this motion, appellant argues that  a portion of his sentence            should  be vacated.  However, appellant did not object to the            sentence at  the time  it was  imposed nor  did  he pursue  a            direct appeal.                      Where a  criminal defendant  does not  object below            and does not appeal  his sentence, he is barred  form raising            his  challenge to the  sentence in a    2255 motion unless he            can  establish  cause and  prejudice  as  required by  United                                                                   ______            States v. Frady, 456 U.S. 152, 167-68 (1982).  See Suveges v.            ______    _____                                ___ _______            United States,  7 F.3d 6,  10 (1st Cir.  1993) (failure  of              _____________            2255 movant to object at trial to enhanced term of supervised            release  and  to appeal  sentence  "in  the first  instance,"            constituted  procedural default;  movant therefore  must show            cause  and prejudice  to obtain  collateral relief);  Ford v.                                                                  ____            United States,  983  F.2d 897,  898-99 (8th  Cir. 1993)  (per            _____________            curiam)  (defendant was procedurally barred, absent a showing            of cause and prejudice, from raising sentencing issues in a              2255  motion which he had failed to pursue on direct appeal).            Appellant,  having  failed  to  show cause,  is  barred  from            raising the issue now.                      In any event, we have carefully reviewed the record            and the briefs of the parties  and find no plain error in the            district court's decision.   We therefore affirm the judgment                                                      ______            of the district court.                                         -3-
