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TORRES v. BERBARY

Docket No. 02-2463.

340 F.3d 63 (2003)

Daniel TORRES, Petitioner-Appellant, v. J. BERBARY, Superintendent, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: August 7, 2003.

Attorney(s) appearing for the Case

DAVID E. LIEBMAN, ESQ., New York, NY, for Petitioner-Appellant.

NISHA M. DESAI, Assistant District Attorney for Bronx County, Bronx, NY, (Joseph N. Ferdenzi, Assistant District Attorney, Robert T. Johnson, District Attorney for Bronx County, Bronx, NY, on the brief), for Respondent-Appellee.

Before: MINER, McLAUGHLIN and POOLER, Circuit Judges.

MINER, Circuit Judge.

Petitioner Daniel Torres appeals from a judgment denying a writ of habeas corpus entered in the United States District Court for the Southern District of New York (Martin, J.). Torres filed his petition for the writ pursuant to 28 U.S.C. § 2254 as a person in state custody. By the petition, Torres challenged his resentencing by a state court following an alleged breach of the condition of his original sentence. The District Court...

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