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CAMPUSANO v. U.S.

No. 04-5134-PR.

442 F.3d 770 (2006)

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

United States Court of Appeals, Second Circuit.

Decided: March 23, 2006.

Attorney(s) appearing for the Case

Sally Wasserman, New York, New York, for Petitioner-Appellant.

William C. Komaroff, Assistant United States Attorney (David N. Kelley, United States Attorney for the Southern District of New York, on the brief; Robin L. Baker, Assistant United States Attorney, of counsel), New York, New York, for Respondent-Appellee.

Before: POOLER and SOTOMAYOR, Circuit Judges, and KORMAN, Chief District Judge.

SOTOMAYOR, Circuit Judge:

The question presented in this case is whether an attorney who fails to file a notice of appeal requested by his client is constitutionally ineffective when the client waived appeal in his plea agreement. We hold that even after a waiver, a lawyer who believes the requested appeal would be frivolous is bound to file the notice of appeal and submit a brief pursuant to Anders v. California,...

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