UNITED STATES v. CRUZ

No. 6, Docket 84-1251.

785 F.2d 399 (1986)

UNITED STATES of America, Appellee, v. Libertad CRUZ, Appellant.

United States Court of Appeals, Second Circuit.

Decided March 6, 1986.


Attorney(s) appearing for the Case

Edward Gasthalter, Hoffman, Pollok & Gasthalter, New York City (John L. Pollok, of counsel), for appellant.

Neil S. Cartusciello, Asst. U.S. Atty. (Rudolph W. Giuliani, U.S. Atty. for the S.D.N.Y., Celia Goldwag Barenholtz, Warren Neil Eggleston, Asst. U.S. Attys., of counsel), for appellee.

Before FEINBERG, Chief Judge, LUMBARD and OAKES, Circuit Judges.


OAKES, Circuit Judge:

This appeal has involved ineffective and incompetent assistance of counsel on appeal by the same attorney who represented Libertad Cruz at trial. Following the sentencing of this 64-year-old defendant to consecutive terms of imprisonment totalling 26 years plus a lifetime special parole term, an appeal was withdrawn in order to give the district court jurisdiction to hear a new trial motion. Upon denial of that motion, a timely appeal was followed...

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