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U.S. v. TORRES-OTERO

Nos. 98-1832, 98-2012.

192 F.3d 12 (1999)

UNITED STATES, Appellee, v. Luis Angel TORRES-OTERO, a/k/a El Enamo, a/k/a Little Luis, a/k/a Primo, Defendant, Appellant. Luis A. Torres-Otero, Petitioner, Appellant, v. United States, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided September 16, 1999.

Attorney(s) appearing for the Case

Peter Goldberger, with whom Pamela A. Wilk was on brief, for Torres-Otero.

Grace Chung Becker, Trial Attorney, United States Department of Justice, for the United States.

Before STAHL, Circuit Judge, BOWNES, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Per Curiam.

In this opinion we address the issue of the course to take in light of the recent Supreme Court decision in Peguero v. United States, 526 U.S. 23, 119 S.Ct. 961, 143 L.Ed.2d 18 (1999). The Court held that, "petitioner is not entitled to habeas relief based on a Rule 32(a)(2) violation when he had independent knowledge of the right to appeal and so was not prejudiced by the trial court's omission." Id. 119 S...

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