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FUENTES v. T. GRIFFIN

Docket No. 14-3878 August Term, 2015.

829 F.3d 233 (2016)

Jose Alex FUENTES, Petitioner-Appellant, v. T. GRIFFIN, Superintendent, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: July 15, 2016.

Attorney(s) appearing for the Case

Colleen P. Cassidy , New York, New York (Federal Defenders of New York, Inc., Appeals Bureau, New York, New York, on the brief), for Petitioner-Appellant.

Amy Appelbaum , Assistant District Attorney, Brooklyn, New York ( Kenneth P. Thompson , District Attorney of Kings County, Leonard Joblove , Assistant District Attorney, Brooklyn, New York, on the brief), for Respondent-Appellee.

Judge Wesley dissents in a separate opinion.

Petitioner Jose Alex Fuentes, a New York State ("State") prisoner convicted of rape in the first degree and sodomy in the first degree, appeals from a judgment of the United States District Court for the Eastern District of New York, Sandra L. Townes, Judge, denying his amended petition pursuant to 28...

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