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U.S. v. KAID

Docket Nos. 05-4470-cr (L), 05-4481-cr (CON), 05-4685-cr (CON), 05-6993-cr (CON), 06-0229-cr (CON), 06-0537-cr (CON).

502 F.3d 43 (2007)

UNITED STATES of America, Appellee, v. Mohamed KAID, also known as Jimmy, also known as Mohamed Qayed, also known as Mohamed Mosaid, Ali Kaid, also known as Abdo Hussein, also known as Abdul, Page Martin, Mohamed Abuhamra, also known as Mike, Ali Abuhamra, also known as Ali Mosed, also known as Ali Bailey, Abdo Alawi, also known as Sam 2, also known as Hamood, Saleh Abdullah, also known as Sam 1, Hamada Awedi, also known as Mike, Nader Hamdan, also known as Nick, Hussain Berro, also known as Sam, Harris Barnett, also known as Alex, Fadi Haydous, also known as Freddy, Mohamed Almozahmi, also known as Red Fanny, Richard Emke, Kirk Snyder, A.D. Bedell Company, Inc., Shoaib Kaaid Alhajaji, also known as High Street John, Ali Al-Fiasaly, Ahmed Nasir, also known as Shubwa, Ahmed Alshubili, also known as Little Shubwa, Menal Mikha, Sam Daniel, Nabil Abdullah, Mohamed Abdullah, Mohamed Odefa, also known as Ottifa, Nagib Aziz, also known as Nico, Khaled Aljeman, also known as Speedo, Ali Abuhamra Jr., also known as Ali Mosed, also known as Ali Bailey, Defendants, Aref Ahmed, Rmzy Abdullah, Azzeaz Saleh, Mohamed Abuhamra, also known as Mike, Nagib Aziz, also known as Nico, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: September 12, 2007.

Attorney(s) appearing for the Case

Stephan J. Baczynski, Assistant United States Attorney, for Terrance P. Flynn, United States Attorney for the Western District of New York, Buffalo, N.Y., for Appellee.

Herbert L. Greenman, Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria LLP, Buffalo, N.Y., for Defendant-Appellant Aref Ahmed; Thomas Theophilos, Law Offices of John Pieri, Buffalo, N.Y., for Defendant-Appellant Rmzy Abdullah; Jeremy D. Schwartz, Eoannou, Lana & D'Amico, Buffalo, N.Y., for Defendant-Appellant Azzeaz Saleh; Jeremy Gutman (Maria G. Giordano, on the brief), New York, N.Y. for Defendant-Appellant Mohamed Abuhamra; Michael G. O'Rourke, Buffalo, N.Y., for Defendant-Appellant Nagib Aziz.

Before: CALABRESI, RAGGI, and HALL, Circuit Judges.

PER CURIAM:

On this appeal, we are asked to consider whether a defense attorney's purported twenty-minute absence from the courtroom during a testimonial phase of a criminal trial constitutes ineffective assistance of counsel.

Preliminary to addressing this question, we note that the alleged trial absence of Matthew Pynn, counsel for defendant Azzeaz Saleh, is by no means clearly established. Certainly no such absence...

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