DURAN v. RENO

Docket No. 98-2715

193 F.3d 82 (1999)

Alberto DURAN, Petitioner-Appellant, v. Janet RENO, U.S. Attorney General; Doris Meissner, Commissioner of U.S.I.N.S.; Edward J. McElroy, District Director of U.S.I.N.S., Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided: September 20, 1999.


Attorney(s) appearing for the Case

Alberto Duran, pro se, Marcy, New York, for Petitioner-Appellant.

Before: WINTER, Chief Judge, RESTANI, Judge, MUKASEY, District Judge.


WINTER, Chief Judge:

Alberto Duran, a state prisoner facing deportation, moves for the appointment of counsel in his appeal from Chief Judge Griesa's dismissal of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. For the reasons set forth below, the motion is granted.

In 1996, appellant was sentenced in New York State Supreme Court for attempted sale of a controlled substance in the third degree, an offense to which he had pleaded...

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