UNITED STATES v. KELLEY

No. 83-1007.

712 F.2d 884 (1983)

UNITED STATES of America, Appellee, v. Henry Francis KELLEY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided July 25, 1983.


Attorney(s) appearing for the Case

Elliot M. Weinstein, Peabody, Mass., for defendant, appellant.

John C. Doherty, Asst. U.S. Atty., with whom William F. Weld, U.S. Atty., Boston, Mass., was on brief, for appellee.

Before COFFIN and BREYER, Circuit Judges, and RE, Chief Judge.


RE, Chief Judge.

Appellant, Henry Francis Kelley, was convicted of various firearms violations in a non-jury trial before Judge A. David Mazzone of the United States District Court for the District of Massachusetts. He appeals from the denial of his motions 1) to Vacate Judgment and Sentence, and for a New Trial, and 2) that Judge Mazzone disqualify himself from ruling on that motion.

Kelley contends that he did not knowingly and intelligently waive his right...

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