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BALDAYAQUE v. U.S.

No. 02-2611.

338 F.3d 145 (2003)

Heriberto BALDAYAQUE, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 30, 2003.

Attorney(s) appearing for the Case

GATES GARRITY-ROKOUS, New Haven, CT (Stephen J. Lable, Wiggin & Dana, New Haven, CT, of counsel), for Appellant.

JEFFREY A. MEYER, Assistant United States Attorney, District of CT (Kevin J. O'Connor, United States Attorney for the District of Connecticut, Jonathan Biran, Assistant United States Attorney, District of Connecticut, New Haven, CT, of counsel), for Appellee.

Before: FEINBERG, MESKILL and JACOBS, Circuit Judges.

Judge JACOBS concurs in a separate opinion.

MESKILL, Circuit Judge.

Appeal from a judgment of the United States District Court for the District of Connecticut, Arterton, J., denying the petitioner-appellant's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2255. The district court issued a certificate of appealability on the issue whether our holding in Smaldone v. Senkowski, 273 F.3d 133 (2d...

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