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U.S. v. GORDON

Docket No. 97-2397.

156 F.3d 376 (1998)

UNITED STATES of America, Plaintiff-Appellant, v. Gerald GORDON, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 22, 1998.

Attorney(s) appearing for the Case

Richard A. Resnick, Assistant United States Attorney, Rochester, NY (Patrick H. NeMoyer, United States Attorney, Western District of New York, Rochester, NY, of counsel), for Plaintiff-Appellant.

Peter J. Pullano, Rochester, NY (Law Office of Peter J. Pullano, Rochester, NY, of counsel), for Defendant-Appellee.

BEFORE: McLAUGHLIN and PARKER, Circuit Judges, and EGINTON, District Judge.

PER CURIAM.

The United States appeals from a judgment of the United States District Court for the Western District of New York (Michael A. Telesca, Senior Judge) entered May 20, 1997 granting Gerald Gordon's ("Gordon") motion pursuant 28 U.S.C. § 2255 to vacate his convictions and for a new trial based upon ineffective assistance of counsel. We affirm for the reasons set forth below.

I. FACTS

A. Background

On October...

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