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GARUTI v. RODEN

No. 12-2481.

733 F.3d 18 (2013)

Joseph M. GARUTI, Petitioner, Appellant, v. Gary RODEN, Respondent, Appellee.

United States Court of Appeals, First Circuit.

October 23, 2013.

Attorney(s) appearing for the Case

Stephen Paul Maidman for petitioner-appellant.

Jennifer L. Sullivan , Assistant Attorney General, Criminal Bureau, with whom Martha Coakley , Attorney General, was on brief, for respondent-appellee.

Before TORRUELLA, DYK, and THOMPSON, Circuit Judges.

DYK, Circuit Judge.

In this habeas appeal, petitioner Joseph M. Garuti argues that the district court erred in dismissing his petition without an evidentiary hearing. Garuti argues that, inter alia, he was entitled to a hearing on his Sixth Amendment ineffective assistance of counsel claims under Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). Because Garuti cannot demonstrate that he has raised...

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