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SIDDIQI v. U.S.

No. 984, Docket 95-2174.

98 F.3d 1427 (1996)

Naveed A. SIDDIQI, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 31, 1996.

Attorney(s) appearing for the Case

Timothy K. Ford, MacDonald, Hoague & Bayless, Seattle, WA (David Rothenberg, Geiger & Rothenberg, Rochester, NY, of counsel), for Petitioner-Appellant.

Chrisopher V. Taffe, Assistant United States Attorney, Western District of New York, Rochester, NY (Patrick H. NeMoyer, United States Attorney, of counsel), for Respondent-Appellee.

Before: WINTER, JACOBS, and PARKER, Circuit Judges.

WINTER, Circuit Judge:

Naveed Siddiqi, M.D., appeals from Judge Telesca's denial of his petition under 28 U.S.C. § 2255 to vacate his conviction and his sentence for Medicare billing fraud. Siddiqi asserts that he was convicted because of constitutionally ineffective assistance of counsel at trial. We find no merit in his ineffective assistance claim, but we nevertheless vacate his conviction and sentence. The government has, throughout this prosecution, adopted...

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