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____________________
No. 95-1188
UNITED STATES,
Appellee,
v.
Defendant, Appellant.
____________________
____________________
Before
____________________
United
States
Attorney,
Miguel A.
Perei
__________________
____________________
____________________
Per Curiam.
__________
We affirm
the district
court's order
to 28 U.S.C.
2255.
Appellant has
filed pursuant
failed to
demonstrate
we conclude
that appellant
default, we
criminal
prosecution.
of
Since
his procedural
he suffered prejudice.
Appellant's
cause
contention
that
he need
not
demonstrate
default is erroneous
as it has
service for an
152,
appeal."
United States v.
_____________
Frady, 456
_____
U.S.
769, 772-74 (1st Cir. 1994) (applying the cause and prejudice
from ineffective
Cir.
1993)
collateral
direct
(applying
claim of
and
prejudice
jurisdictional error
to the
not raised on
cause
narrow exception
10 (1st
standard
in case
to
where no
requirement by
proffering a
tied
claim of
a fundamental miscarriage
-2-
of justice
See Burks
___ _____
Appellant's claim
due
to his
lack of
prison system
filings
in this
resources and
is belied by the
First, he
appeal lapse
his movement
evidence.
within the
In his
series of
us of
his ever-
changing desires.
pro se.
that he
We
need to file,
financial affidavit
and
for leave
to proceed
in
Rather than
file for
IFP
a motion
on appeal.
he
wanted
to
withdraw
thereafter, appellant
appeal and
his appeal
voluntarily.
again requested
Shortly
to continue his
appointed counsel.
We reminded
to
file
his
IFP
district
court.
court, he
was
He
and
financial
never did.
exhorting that
conviction motions
the
motion
affidavit in
Rather, in
court
the
the district
to decide
some
post-
appeal.
appointed
what he
wanted
to
se, if he chose.
The
do: proceed
-3-
pro
se,
obtain
pendency of
to decide
appointed
appeal.
All of these
options were
or inaction.
Nor
within
was
his procedural
ability to
correspond with
default
due
this court
to his
movement
matter
with
the district
that
his
court).
from this
requested an enlargement
court
of time
brief, he
and
requests in
seeking
sentencing
be
the
credited
had
been
to file
received one.
the district
that
appellant complained
delayed and
he
his statement
of
And, while
his
reconsideration of
motion asking
Each time
court, including
his sentence
time
he spent
towards
his
and an
on
motions
six motions
additional
release
incarceration
before
time.
appeal
was a conscious choice that was not due either to his lack of
in the
not
F.3d
be reviewed on appeal.
233, 240
(1st
Singleton v.
_________
(1994).
-4-
court will
United States, 26
_____________
115 S.
Ct.
517
-5-