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PENA v. U.S.

Docket No. 06-0218-pr.

529 F.3d 129 (2008)

Manuel PENA, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: June 12, 2008.

Attorney(s) appearing for the Case

Michael S. Pollok, New York, NY, for Petitioner-Appellant.

Richard C. Daddario and Jonathan S. Kolodner, Assistant United States Attorneys for Michael J. Garcia, United States Attorney for the Southern District of New York, New York, NY, for Respondent-Appellee.

Before: JACOBS, Chief Judge, B.D. PARKER and WESLEY, Circuit Judges.

PER CURIAM:

Manuel Pena appeals from a judgment of the United States District Court for the Southern District of New York (Peck, C. Mag. J.), denying his motion pursuant to 28 U.S.C. § 2255 to recall the mandate to permit him to file for certiorari. He alleges that his appellate counsel was constitutionally ineffective for failing to inform him of his right to do so.2 We disagree and affirm.3

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