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U.S. v. TARRICONE

Nos. 1175, 1176, Dockets 92-1622, 92-1687.

21 F.3d 474 (1993)

UNITED STATES of America, Appellee, v. Arthur TARRICONE, John Pabone, Dominic A. Bombace, Defendants, John Barberio and Marat Balagula, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided December 3, 1993.

Opinion Amended April 5, 1994.

Attorney(s) appearing for the Case

Loretta C. Argrett, Asst. Atty. Gen. (Robert E. Lindsay, Alan Hechtkopf, Scott A. Schumacher, Tax Div., U.S. Dept. of Justice, Washington, DC, Zachary W. Carter, U.S. Atty., of counsel), for appellee.

J. Shane Creamer (Mark A. Nation, Dilworth, Paxson, Kalish & Kauffman, Philadelphia, PA), for defendant-appellant John Barberio.

Before: ALTIMARI and WALKER, Circuit Judges, and LASKER, District Judge.

AMENDED OPINION

LASKER, District Judge:

Our opinion of June 24, 1993, which sets out the relevant facts, remanded defendant-appellant John Barberio's case for an evidentiary hearing to develop a factual record on the issue of whether his trial counsel rendered ineffective assistance. United States v. Tarricone, 996 F.2d 1414 (2d Cir.1993). The trial judge held the evidentiary hearing on August 10 and August 30, 1993...

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