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GALVIZ ZAPATA v. U.S.

No. 01-2575.

431 F.3d 395 (2005)

Hugo GALVIZ ZAPATA, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: December 6, 2005.

Attorney(s) appearing for the Case

Norman Trabulus, Garden City, New York, for Petitioner-Appellant.

Elaine D. Banar, Assistant United States Attorney (Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York, on the brief, and Peter A. Norling, Assistant United States Attorney, of counsel), Brooklyn, New York, for Respondent-Appellee.

Before: SOTOMAYOR, B.D. PARKER, and WESLEY, Circuit Judges.

WESLEY, Circuit Judge.

Hugo Galviz Zapata appeals from the district court's denial of his petition for a writ of habeas corpus. Zapata presses an ineffective assistance of counsel claim. In his pro se petition of November 9, 2000, Zapata asserted that his trial counsel, Lisa Scolari, failed to file a notice of appeal after being instructed to do so. In an affidavit filed in support of the petition, Zapata also alleged that Scolari failed to consult with him...

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