
USCA1 Opinion

	




                                [NOT FOR PUBLICATION]                            UNITED STATES COURT OF APPEALS                                FOR THE FIRST CIRCUIT                                 ____________________        No. 96-1388                                  LONNIE BENEFIELD,                                Petitioner, Appellant,                                          v.                              UNITED STATES OF AMERICA,                                Respondent, Appellee.                                 ____________________                     APPEAL FROM THE UNITED STATES DISTRICT COURT                          FOR THE DISTRICT OF MASSACHUSETTS                     [Hon. Robert E. Keeton, U.S. District Judge]                                             ___________________                                 ____________________                                        Before                                Torruella, Chief Judge,                                           ___________                           Selya and Stahl, Circuit Judges.                                            ______________                                 ____________________            Lonnie Benefield on brief pro se.            ________________            Donald K.  Stern, United  States Attorney, and Michael  J. Pelgro,            ________________                               __________________        Assistant U.S. Attorney, on brief for appellee.                                 ____________________                                   October 23, 1996                                 ____________________                 Per  Curiam.   After  careful review  of the  briefs and                 ___________            record,   we  conclude  that   the  district  court  properly            dismissed appellant's   2255  petition for the reasons stated            in the order dated July 25, 1995, as amended March  29, 1996.            We add only these comments.                 1.   Appellant's complaint regarding  the lack of stated            reasons  for the 20-year sentence  was not properly raised in            his    2255 petition, as it was  not raised on direct appeal.            See  Knight v. United States,  37 F.3d 769,  772-73 (1st Cir.            ___  ______    _____________            1994).                  2.   Appellant's complaints regarding the proceedings on            remand from  the direct appeal  also did not  present grounds            for   2255 relief.  The proceedings on remand were limited by            the  scope  of  the  direct appeal,  and  appellant  was  not            entitled to raise new  objections at that stage.   See United                                                               ___ ______            States v. Connell,  6 F.3d 27, 30  (1st Cir. 1993);  see also            ______    _______                                    ________            Fed. R. Crim. P. 35(a)(1) & 43(c)(4).   Appellant's complaint            about the delay on remand is also without merit.  See Fed. R.                                                              ___            Crim. P. 35(a)(1) (current version).                 3.   We   do  not   address  the   argument  raised   in            appellant's  reply brief  that the  district court  on remand            failed to  advise him of  his right  to appeal under  Fed. R.            Crim. P. 32(c)(5).  That argument was neither presented below            nor raised here in a timely fashion.  See, e.g., Sandstrom v.                                                  ___  ____  _________            Chemlawn Corp., 904  F.2d 83, 86  (1st Cir. 1990)  (arguments            ______________                                         -2-            not made  to the district  court or in the  opening brief are            waived).                  Affirmed.  See 1st Cir. Loc. R. 27.1.                 ________   ___                                         -3-
