Docket No. 06-5118-cr.

522 F.3d 239 (2008)

UNITED STATES of America, Appellee, v. Jose Belete HENDRY, also known as Henry Belete, also known as Jose Belete Henry, also known as Jose Henry, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: April 9, 2008.

Attorney(s) appearing for the Case

Katherine Polk Failla, Assistant United States Attorney, for Michael J. Garcia, United States Attorney for the Southern District of New York (Joseph P. Facciponti, of counsel), New York, N.Y., for Appellee.

Yuanchung Lee, Federal Defenders of New York, Inc. Appeals Bureau, New York, N.Y., for Defendant-Appellant.

Before: LEVAL, CALABRESI, and WESLEY, Circuit Judges.


Appellant is a citizen of the dominican Republic who was convicted in 1998 of both state and federal drug offenses. As a result, he was deported to the dominican Republic in 2000. He asserts that, because he had testified against his coconspirators in the 1998 cases, and because his coconspirators returned to the Dominican republic upon their release from incarceration, they began to threaten Appellant in santiago. Allegedly fearing for his life, appellant...

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