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U.S. v. VILAR

Docket Nos. 10-521(L), 10-580(Con), 10-4639(Con).

645 F.3d 543 (2011)

UNITED STATES of America, Appellee, v. Alberto VILAR and Gary Alan Tanaka, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: July 19, 2011.

Attorney(s) appearing for the Case

Vivian Shevitz , Brooklyn, NY, Jane Simkin Smith , Millbrook, NY, Susan C. Wolfe , Hoffman & Pollok LLP, New York, NY, for Movant.

Benjamin Naftalis , Assistant U.S. Attorney, U.S. Attorney's Office, Southern District of New York, New York, NY, for Respondent.

Before: DENNIS JACOBS, Chief Judge, JED S. RAKOFF, District Judge.

PER CURIAM.

Alberto Vilar timely appealed his criminal conviction in the United States District Court for the Southern District of New York (Sullivan, J.). He now moves to withdraw his direct appeal with leave to reinstate it after he has finished pursuing an application for a writ a habeas corpus in the district court. The United States and Vilar's codefendant both oppose this motion on the ground that it will delay the direct appeal. The government further...

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