PUGLISI v. U.S.

Docket No. 04-4834-pr.

586 F.3d 209 (2009)

Frederick PUGLISI, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: November 13, 2009.


Attorney(s) appearing for the Case

Cheryl J. Sturm, Chadds Ford, PA, for Petitioner-Appellant.

Jo Ann M. Navickas, Assistant United States Attorney (Benton J. Campbell, United States Attorney, Peter A. Norling, Assistant United States Attorney, of counsel, on the brief), United States Attorney's Office for the Eastern District of New York, Brooklyn, NY, for Respondent-Appellee.

Before: WINTER, WALKER, and CALABRESI, Circuit Judges.


WINTER, Circuit Judge:

Frederick Puglisi appeals from Judge Seybert's order denying his 28 U.S.C. § 2255 motion to vacate his conviction and sentence due to ineffective assistance of counsel. The basis for the motion was a claim that appellant's trial counsel misinformed him as to whether the district court could consider conduct for which he had not been convicted in determining his sentence. It was argued in supporting papers that appellant relied on such misinformation...

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