ARMIENTI v. U.S.

No. 99-2102.

234 F.3d 820 (2000)

Anthony ARMIENTI, Petitioner-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: December 12, 2000.


Attorney(s) appearing for the Case

Philip R. Schatz, Wrobel, Markham & Schatz, New York, NY, for Petitioner-Appellant.

Peter A. Norling, Assistant United Attorney, Brooklyn, N.Y. (Loretta E. Lynch, United States Attorney, Jo Ann M. Navickas, on the brief) for Respondent-Appellee.

Before: JACOBS, STRAUB, AND SACK, Circuit Judges.


BACKGROUND

SACK, Circuit Judge:

The United States District Court for the Eastern District of New York (Sterling Johnson, Jr., Judge) denied petitioner's habeas corpus petition without holding an evidentiary hearing. The petition had been brought pursuant to 28 U.S.C. § 2255 on the grounds that petitioner's trial counsel represented petitioner while laboring under a conflict of interest. We hold that an evidentiary hearing was required.

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