CADERNO v. U.S.

No. 00-14437 Non-Argument Calendar.

256 F.3d 1213 (2001)

Juan Vincente CADERNO, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 11, 2001.


Attorney(s) appearing for the Case

Juan Vincente Caderno, Lexington, KY, pro se.

Anne R. Schultz, Randy Alan Hummel, U.S. Atty., Marc Eagelson, Miami, FL, for Respondent-Appellee.

Before BIRCH, CARNES and MARCUS, Circuit Judges.


PER CURIAM:

This appeal from the denial of a 28 U.S.C. § 2255 motion presents two first-impression issues for our circuit. We must decide whether defense counsel's failure to move for a new trial based on a court security officer ("CSO") or Deputy United States Marshal's ("Marshal") comments to a juror that the defendants were "pigs" was a denial of the Sixth Amendment right to effective assistance of counsel during trial and whether a defendant's inability to...

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