
USCA1 Opinion

	




                                [NOT FOR PUBLICATION]                            UNITED STATES COURT OF APPEALS                                FOR THE FIRST CIRCUIT                                 ____________________        No. 96-1167                                    UNITED STATES,                                      Appellee,                                          v.                                 JEFFREY CUNNINGHAM,                                Defendant, Appellant.                                 ____________________                     APPEAL FROM THE UNITED STATES DISTRICT COURT                              FOR THE DISTRICT OF MAINE                       [Hon. Gene Carter, U.S. District Judge]                                          ___________________                                 ____________________                                        Before                                Torruella, Chief Judge,                                           ___________                          Boudin and Lynch, Circuit Judges.                                            ______________                                 ____________________            Edward E. Eliot on brief for appellant.            _______________                                 ____________________                                   November 5, 1996                                 ____________________                      Per Curiam.  Jeffrey  Cunningham pled guilty to one                      __________            count of credit card  fraud and was sentenced to  serve eight            months in prison followed by  a three-year term of supervised            release.   He  now  appeals  from  his sentence.    Appellate            counsel has  filed a  brief under  Anders v.  California, 386                                               ______     __________            U.S.  738  (1967), explaining  why  there  is no  meritorious            ground for  appeal.  Although counsel  notified Cunningham of            his  right to file  a supplemental brief,  Cunningham has not            filed any brief  and the  deadline for doing  so has  passed.            After fully reviewing the  record, we agree that there  is no            meritorious  ground for appeal.   We also note  that the plea            hearing conformed substantially to  Rule 11 requirements  and            that  any defect  was harmless.   See Fed. R.  Crim. P. 11(h)                                              ___            (variances  from  Rule  11  procedures which  do  not  affect            substantial rights are to be disregarded).                        We affirm appellant's  conviction and sentence  and                      ___________________________________________________            grant counsel's motion to withdraw.            ___________________________________                                         -2-
