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McCLARY v. CONWAY

No. 10-4424-pr.

DAVID McCLARY, Petitioner-Appellant, v. JAMES T. CONWAY, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

July 17, 2012.

Attorney(s) appearing for the Case

JEREMY GUTMAN, ESQ. , New York, NY., for Appellant.

SHULAMIT ROSENBLUM NEMEC , Assistant District Attorney ( Leonard Joblove , Victor Barall , Assistant District Attorneys, on the brief) for Charles J. Hynes, District Attorney for Kings County, Brooklyn, NY., for Appellee.

PRESENT: JON O. NEWMAN, RAYMOND J. LOHIER, JR., CHRISTOPHER F. DRONEY, Circuit Judges.

SUMMARY ORDER

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court is AFFIRMED.

Petitioner-Appellant David McClary appeals from a judgment entered on October 6, 2010, dismissing his petition for habeas corpus relief pursuant to 28 U.S.C. § 2254, but issuing a certificate of appealability as to his claim of ineffective assistance of counsel. McClary killed a man with a single punch to the head. McClary...

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