VASTA v. U.S.

No. 97 CIV. 2923(RLC).

89 F.Supp.2d 424 (1999)

Philip VASTA, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court, S.D. New York.

November 17, 1999.


Attorney(s) appearing for the Case

Silverman, Collura, Chernis & Balzano, P.C., New York City, Paul Chernis, of counsel, for Petitioner.

Mary Jo White, United States Attorney for the Southern District of New York, New York City, Joseph V. Demarco, of counsel, for Government.


OPINION

ROBERT L. CARTER, District Judge.

I. BACKGROUND

On February 4, 1998, the court filed an endorsement dismissing Philip Vasta's petition under 28 U.S.C. § 2255 to vacate his sentence ("Endorsement"), familiarity with which is assumed. Vasta now petitions for a certificate of appealibility ("COA") from the court's dismissal of his § 2255 petition, pursuant to 28 U.S.C. § 2253. For reasons set out more fully below, the...

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