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U.S. v. LILLY

No. 06-2613.

536 F.3d 190 (2008)

UNITED STATES of America v. Clayton LILLY, Appellant.

United States Court of Appeals, Third Circuit.

Filed: July 28, 2008.

Attorney(s) appearing for the Case

Lisa B. Freeland, Esquire, (Argued), Federal Public Defender, Office of Federal Public Defender, Pittsburgh, PA, for Appellant.

Mary Beth Buchanan, United States Attorney, Kelly R. Labby, Assistant U.S. Attorney, Robert L. Eberhardt, (Argued), Executive Assistant U.S. Attorney, Office of the United States Attorney, Pittsburgh, PA, for Appellee.

Before: AMBRO, FISHER, and MICHEL, Circuit Judges.

OPINION OF THE COURT

AMBRO, Circuit Judge.

Clayton Lilly appeals to us from the District Court's denial of his petition for habeas corpus. He argues that the District Court should have granted him an evidentiary hearing to develop his claim that his counsel was ineffective in failing to advise him adequately about waiving his right to a jury trial. We disagree, and thus affirm the petition's denial.

I.

In 2001, law enforcement officials...

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