RULING ON MOTION TO VACATE JUDGMENT
UNDERHILL, District Judge.
This case raises the question whether a district court, faced with a defendant who has been denied his right to appeal because of ineffective assistance of counsel, may, in the absence of a section 2255 habeas petition, vacate and reissue a judgment so that a timely appeal may be taken. Although, under those circumstances, the Second Circuit's decision in United States v. Fuller,
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