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U.S. v. AGUIRRE

No. 1485, Docket 90-1133.

912 F.2d 555 (1990)

UNITED STATES of America, Appellant, v. Edwin P. AGUIRRE, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 27, 1990.

Attorney(s) appearing for the Case

Susan Corkery, Asst. U.S. Atty., Brooklyn, N.Y. (Andrew J. Maloney, U.S. Atty., E.D.N.Y., Brooklyn, N.Y., Matthew E. Fishbein, Peter R. Ginsberg, Asst. U.S. Attys., of counsel), for appellant.

William Mogulescu, New York City, for defendant-appellee.

Ross & Hardies, New York City (Peter I. Livingston, Michelle J. D'Arcambal, New York City, of counsel), for amicus curiae The Legal Aid Society.

Chester L. Mirsky, New York University School of Law, New York City, amicus curiae.

Before LUMBARD, MESKILL and PRATT, Circuit Judges.

LUMBARD, Circuit Judge:

The United States appeals the grant of a writ of error coram nobis to Edwin Aguirre by the District Court for the Eastern District of New York (Charles P. Sifton, Judge). After a hearing on January 12, 1990, the court held that Aguirre received "ineffective assistance of counsel" during his 1989 trial for cocaine importation and possession. The court vacated the conviction and granted...

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