
USCA1 Opinion

	




        December 7, 1995        [NOT FOR PUBLICATION]                            UNITED STATES COURT OF APPEALS                                FOR THE FIRST CIRCUIT                                 ____________________        No. 95-1026                                    UNITED STATES,                                      Appellee,                                          v.                                   JOSEPH FALCONE,                                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,                                           ___________                           Stahl and Lynch, Circuit Judges.                                            ______________                                 ____________________            William A. Hahn and Hahn & Matkov on brief for appellant.            _______________     _____________            Jay  P.  McCloskey,  United  States  Attorney,  Helene  Kazanjian,            __________________                              _________________        Assistant U.S.  Attorney,  and  George  T.  Dilworth,  Assistant  U.S.                                        ____________________        Attorney, on brief for appellee.                                 ____________________                                 ____________________                      Per Curiam.  Having carefully reviewed the parties'                      __________            briefs and the record,  we affirm the judgment.   Contrary to            appellant's suggestion, the Sentencing  Guidelines explicitly            provide   that   "uncounseled  misdemeanor   sentences  where            imprisonment  was not  imposed"  are "to  be  counted in  the            criminal  history   score."     U.S.S.G.      4A1.2  comment.            (backg'd).  Falcone's  constitutional challenge was  rejected            by the Supreme Court  in Nichols v. United States, 114 S. Ct.                                     _______    _____________            1921 (1994).   Accordingly,  the district court  committed no            error,  much  less  plain  error,  in  computing  appellant's            criminal history score.       Affirmed.  See Loc. R. 27.1.                                            ________   ___                                         -2-
