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DIAMEN v. U.S.

No. 09-5177.

604 F.3d 653 (2010)

Michael A. DIAMEN, also known as Salvatore Infantolino, Appellant v. UNITED STATES of America, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided May 18, 2010.

Attorney(s) appearing for the Case

Patrick Michael Regan argued the cause for the appellant. Paul J. Cornoni and John K. Zwerling were on brief. Andrew B. Weissman made an appearance.

Mary B. McCord, Assistant United States Attorney, argued the cause for the appellee. Roy W. McLeese III and Carolyn K. Kolben, Assistant United States Attorneys, were on brief.

Opinion for the Court filed by Circuit Judge HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

Salvatore Infantolino a/k/a Michael A. Diamen served twenty years in prison on a 1976 murder conviction. Diamen and two codefendants—Joseph Wayne Eastridge and Joseph N. Sousa—sought habeas corpus relief in the district court on the ground they had been wrongly convicted. The district court issued a writ for Eastridge and Sousa but not for Diamen who had died while the action was pending. Diamen's estate (Estate...

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