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HOFFLER v. BEZIO

Docket No. 11-5281-pr.

726 F.3d 144 (2013)

Michael HOFFLER, Petitioner-Appellant, v. Norman R. BEZIO, Superintendent of Great Meadow Correctional Facility, Eric T. Schneiderman, Attorney General of the State of New York, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 8, 2013.

Attorney(s) appearing for the Case

Ray Kelly, Esq. , Albany, NY, for Petitioner-Appellant.

Lisa Ellen Fleischmann , Assistant Attorney General, of Counsel ( Barbara D. Underwood , Solicitor General, Roseann B. MacKechnie , Deputy Solicitor General for Criminal Matters, on the brief), for Eric T. Schneiderman, Attorney General of the State of New York, New York, NY, for Respondents-Appellees.

Before: CABRANES, RAGGI, and CARNEY, Circuit Judges.

REENA RAGGI, Circuit Judge:

Petitioner Michael Hoffler appeals from a judgment entered on November 17, 2011, in the United States District Court for the Northern District of New York (Thomas J. McAvoy, Judge), denying him a writ of habeas corpus. See Hoffler v. Bezio, 831 F.Supp.2d 570 (N.D.N.Y.2011). Hoffler sought the writ pursuant to 28 U.S.C. § 2241 to prevent New York State from retrying him on murder...

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