USCA1 Opinion

October 24, 1995

UNITED STATES COURT OF APPEALS

FOR THE FIRST CIRCUIT

____________________

No. 95-1696

EDMUND M. HURLEY,

Plaintiff, Appellant,

v.

BUREAU OF PRISONS,

Defendant, Appellee.

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APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Reginald C. Lindsay, U.S. District Judge]

___________________

____________________

Torruella, Chief Judge,

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Cyr and Lynch, Circuit Judges.

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____________________

James P. Duggan for appellant.

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John A. Capin, Assistant United States Attorney, with whom Don

_____________
___
K. Stern, United States Attorney, was on brief for appellee.
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____________________

____________________

Per Curiam.
Per Curiam
__________

Edmund H. Hurley appeals

ment order disallowing his claim

costs

against the

Privacy

Act of

Bureau

1974,

a summary judg-

for damages, attorney fees, and

of Prisons

5 U.S.C.

(the "Bureau")

under the

552a(e)(5), (g)(1)(C).

We

affirm, substantially for the reasons relied upon by the district

court.

See
___

Hurley v.
______

Bureau of Prisons,
_________________

No. 94-10966-RCL

(D.

Mass. May 18, 1995).

In July

United States, see

___

month term of

1990, Hurley

18 U.S.C.

confinement.

six-month maximum, see

___

did

defrauding the

371, and sentenced to

Although

18 U.S.C.

not appeal the sentence.

in United States v.

was convicted of

an eight-

the sentence exceeded

3651

the

(repealed 1987), Hurley

This court affirmed his conviction

Hurley, 957 F.2d 1 (1st Cir.), cert. denied,

_____________

______

_____ ______

113 S. Ct. 60 (1992).

Shortly after Hurley began serving his term of confine-

ment

in May 1992, the Bureau noted that the eight-month sentence

exceeded the

statutory maximum, whereupon it

telephoned the Assistant United

tried

the case.

promptly

Although

moved to

denied both motions.

court order

the

correct

advised Hurley and

States Attorney ("AUSA") who had

both the

AUSA and

the sentence,

Hurley's counsel

the sentencing

court

In addition, pending appeal of the district

denying Hurley's

requests to correct

the sentence,

Bureau declined Hurley's request that he be allowed to serve

the last two months

grounds

therefor,

of his prison term in

the Bureau

cited

the

a halfway house.

As

PSR's description

of

Hurley's

money

laundering activities

(i.e.,

in

excess of

$5

million), to which no objection had been asserted by Hurley.

On October 14, 1992, this court vacated the eight-month

sentence

States v.
______

and directed

Hurley's immediate

release.

See United
___ ______

Hurley, No. 92-2125 (1st Cir. Oct. 14, 1995).

______

By that

time, however, he had already served seventeen days more than the

six-month maximum term.

Hurley sued

Act,

which

which requires

are used by the

any individual

with

the Bureau

for damages under

federal agencies

"to maintain

agency in making

such accuracy,

the Privacy

all records

any determination about

relevance, timeliness,

and

completeness as is reasonably necessary to assure fairness to the

individual in the determination."

alleged that the Bureau wrongfully

5 U.S.C.

552a(e)(5).

relied on the district

Hurley

court

judgment imposing the eight-month

sentence, knowing the sentence

to be "inaccurate," and that the

Bureau had failed to follow its

own internal

procedures for

AUSA.

contentions were properly rejected

court.

These

reporting illegal sentences

to the

by the district

The

district court

sentence imposed by the

obligation

the

the

court

claimed

reflected the

sentencing court, and the Bureau

indeed no right

sentencing

Similarly,

judgment accurately

or

had no

to disregard the sentence until

the court

deviation

of

from

appeals

Bureau

corrected it.

procedures

namely, placing a telephone call to the AUSA, rather than writing

letter

was inconsequential.

At most, any procedural devia-

tion expedited
_________

the correction of Hurley's sentence,

and, in all

events, it caused Hurley no injury.

______

Indeed, Hurley concedes that

the

the sentence, once notified.

AUSA promptly moved to correct

No more was exigible from the Bureau.

Finally, Hurley

alleged that the

Bureau violated

the

Privacy Act by relying on the "inaccurate" PSR description of his

money laundering activities in denying his request for a "halfway

house"

placement.

sentencing,

States v.
______

Hurley neither

nor on the appeal

Hurley, 957
______

inaccuracy in the PSR

F.2d

objected

to the

from his conviction.

1, 4

(1st Cir.

See United
___ ______

1992).

should have been brought to

PSR before

Any

such

the attention

of the district court

at sentencing; or,

appeal from his conviction

32(c)(3)(D) (1987)

factual

and sentence.

(requiring sentencing

findings concerning

them to copy of

at the very least,

on

See
___

P.

Fed. R. Crim.

court to make

any objections

to PSR,

PSR made available to Bureau),

______

Fed. R. Crim. 32(c)(1) (1995).

Affirmed.
Affirmed.
________

written

and append

repromulgated at
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