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U.S. v. OTERO

No. 05-3739.

502 F.3d 331 (2007)

UNITED STATES of America v. Demetrio OTERO, Appellant.

United States Court of Appeals, Third Circuit.

Filed September 12, 2007.

Attorney(s) appearing for the Case

Gerald C. Peterson, Esq., Brian J. Wanamaker, Esq. (Argued), Winston & Strawn, Chicago, IL, for Appellant.

Theodore B. Smith, III, Esq. (Argued), James T. Clancy, Esq., Office of the United States Attorney, Harrisburg, PA, for Appellee.

Before: RENDELL, AMBRO, and NYGAARD, Circuit Judges.

OPINION OF THE COURT

NYGAARD, Circuit Judge.

Demetrio Otero appeals from an order denying his pro se petition for habeas corpus relief under 28 U.S.C. § 2255. Otero alleged in his petition that his trial counsel was ineffective for failing to object at his sentencing to a 16-point offense level increase which resulted from an earlier conviction for simple assault. He argued there, as here, that simple assault is not a "crime of violence," and...

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