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BALBUENA v. U.S.

No. 99 Civ. 6097 RWS.

104 F.Supp.2d 218 (2000)

Juana BALBUENA, Petitioner, v. UNITED STATES of America, Respondent.

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

June 16, 2000.

Attorney(s) appearing for the Case

Gino Josh Singer, New York, NY, for Petitioner.

Honorable Mary Jo White, United States Attorney for the Southern District of New York, New York, NY, By Jason M. Weinstein, Assistant U.S. Attorney, for Respondent, of counsel.

OPINION

SWEET, District Judge.

Juana Balbuena ("Balbuena") has petitioned, pursuant to 28 U.S.C. § 2255, for vacatur of a sentence imposed by the Honorable Sonia Sotomayor on November 13, 1997. More specifically, Balbuena contends that she was denied her right to effective assistance of counsel under the Sixth Amendment because her attorney, Charles Lavine ("Lavine"), erroneously advised her to refrain from stipulating to deportation even though...

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