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ABBAMONTE v. U.S.

Docket No. 98-2165

160 F.3d 922 (1998)

Oreste ABBAMONTE, Jr., Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided November 23, 1998.

Attorney(s) appearing for the Case

John L. Pollok, New York, New York (Michael S. Pollok, Hoffman Pollok & Pickholz LLP, New York, New York, on the brief), for Petitioner-Appellant.

Steven P. Heineman, Assistant U.S. Attorney, New York, New York (Mary Jo White, United States Attorney for the Southern District of New York, Dietrich L. Snell, Assistant U.S. Attorney, New York, New York, of counsel), for Respondent-Appellee.

Before: FEINBERG, VAN GRAAFEILAND and LEVAL, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

Oreste Abbamonte, Jr. appeals from an order of the United States District Court for the Southern District of New York (Carter, J.) denying Abbamonte's petition pursuant to 28 U.S.C. § 2255 to vacate his conviction and sentence because of alleged ineffective assistance of his trial counsel. The district court held that, because Abbamonte had argued ineffective assistance of counsel without success on his direct appeal, he was barred...

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