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LOZADA v. U.S.

No. 96-2887.

107 F.3d 1011 (1997)

Marcus LOZADA and José Orlando Mieles, Petitioners-Appellants, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 7, 1997.

Attorney(s) appearing for the Case

Christine E. Yaris, New York City, for petitioners-appellants.

Joann Navickas, Asst. U.S. Atty., Brooklyn, NY (Zachary W. Carter, U.S. Atty., David C. James, Tanya Y. Hill, Asst. U.S. Attys., Brooklyn, N.Y., on the brief), for respondent-appellee.

Before: NEWMAN, Chief Judge, FEINBERG and McLAUGHLIN, Circuit Judges.

JON O. NEWMAN, Chief Judge:

Pending before us is a motion that occasions our consideration of several procedural questions arising in connection with the recently enacted requirement of the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA" or "the Act"), Pub.L. No. 104-132, 110 Stat. 1214, for a "certificate of appealability" ("COA") as a condition of appealing the denial of an application for collateral attack upon a state or federal conviction under...

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