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HERNANDEZ v. U.S.

Docket No. 97-2648.

202 F.3d 486 (2000)

Jose M. HERNANDEZ, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 3, 2000.

Attorney(s) appearing for the Case

Peter F. Langrock, Middlebury, VT (Frank H. Langrock, Langrock, Sperry and Wool, Middlebury, VT on the brief), for Petitioner-Appellant,

Paul J. Van De Graaf, Assistant United States Attorney (Charles R. Tetzlaff, United States Attorney and David V. Kirby, Assistant United States Attorney, Burlington, VT, on the brief), for Respondent-Appellee.

Before: LEVAL and SOTOMAYOR, Circuit Judges, and POLLACK, District Judge.

LEVAL, Circuit Judge:

Jose M. Hernandez appeals from a decision of the United States District Court for the District of Vermont (Murtha, C. J.), denying his habeas corpus petition filed pursuant to 28 U.S.C. § 2255. The District Court held that Hernandez was not entitled to relief on his claim of ineffectiveness of counsel because he could not establish that his attorney's failure to prosecute an appeal from his criminal conviction resulted in "prejudice." Plaintiff...

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