Docket No. 10-4498-pr.

681 F.3d 89 (2012)

Abad ELFGEEH, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: May 23, 2012.

Attorney(s) appearing for the Case

James M. Branden , Law Office of James M. Branden, New York, NY, for Petitioner-Appellant.

Pamela K. Chen , Assistant United States Attorney, of counsel ( David C. James , Assistant United States Attorney, of counsel, on the brief), for Loretta E. Lynch, United States Attorney for the Eastern District of New York, Brooklyn, NY, for Respondent-Appellee.

Before: WINTER, RAGGI, and CHIN, Circuit Judges.

WINTER, Circuit Judge:

Abad Elfgeeh appeals from Judge Johnson's denial of his petition for a writ of habeas corpus. We granted a certificate of appealability as to whether appellant's representation was per se ineffective under the Sixth Amendment when, although he had a licensed attorney of record, a disbarred attorney acted as his de facto counsel. We affirm.


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