Kevin G. Taylor, Petitioner, Appellant, v. United States of America, Respondent, Appellee, 59 F.3d 164 (1st Cir. 1995)

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US Court of Appeals for the First Circuit - 59 F.3d 164 (1st Cir. 1995) June 20, 1995

Kevin G. Taylor on brief pro se.

Donald K. Stern, United States Attorney, and Kimberly S. Budd, Assistant U.S. Attorney, on brief for appellee.

D. Mass.


Before CYR, BOUDIN and STAHL, Circuit Judges.


This is an appeal of a district court order denying the motion of petitioner Kevin Taylor to set aside his conviction and sentence. See 28 U.S.C. § 2255. We affirm the district court's order substantially for the reasons given by Judge Skinner, adding a brief comment. Like the district court, we can find no indication that the lack of counsel at arraignment affected petitioner's subsequent trial. No presumption exists that lack of counsel at an arraignment prejudices all subsequent stages of the proceeding where, as here, the only significant happening at the arraignment was the entry of a not guilty plea. And, without some infection of the subsequent proceedings, there is no warrant for relief under Sec. 2255.