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IN RE BASCIANO

Docket No. 08-2157-op.

542 F.3d 950 (2008)

In re Vincent BASCIANO, Petitioner.

United States Court of Appeals, Second Circuit.

Decided: September 17, 2008.

Attorney(s) appearing for the Case

Jane Simkin Smith (Ephraim Savitt, Richard Jasper, Ying Stafford, New York, NY, of counsel), Millbrook, NY, for Petitioner.

John Buretta, Assistant United States Attorney (Benton J. Campbell, United States Attorney for the Eastern District of New York, Peter A. Norling, Amy Busa, Winston Chan, Assistant United States Attorneys, of counsel), Brooklyn, NY, for Respondent United States.

Before: KEARSE, LEVAL, and SACK, Circuit Judges.

SACK, Circuit Judge:

Petitioner Vincent Basciano petitions for a writ of mandamus requiring Judge Nicholas G. Garaufis of the United States District Court for the Eastern District of New York to recuse himself from presiding over Basciano's impending capital trial. In an order dated June 11, 2008, we denied Basciano's petition, stating that an opinion would follow. This is that opinion.

BACKGROUND

Basciano, allegedly a highly placed member of the...

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