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TAVAREZ v. UNITED STATES

No. 21-2685 August Term 2022.

81 F.4th 234 (2023)

Emmanuel TAVAREZ, Petitioner-Appellant v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: August 31, 2023.

Attorney(s) appearing for the Case

For Petitioner-Appellant: Allegra Glashausser , Assistant Federal Defender, Federal Defenders of New York, Inc., New York, NY.

For Respondent-Appellee: Alexander A. Solomon , Assistant United States Attorney ( David C. James , Assistant United States Attorney, on the brief), on behalf of Breon Peace , United States Attorney for the Eastern District of New York, Brooklyn, NY.

Before: Livingston, Chief Judge, Cabranes, Circuit Judge, and Kovner, District Judge.

Defendant-Appellant Emmanuel Tavarez appeals from an order entered on August 24, 2021, in the Eastern District of New York (Block, J.), denying his petition, pursuant to 28 U.S.C. § 2255, to vacate his conviction for a firearms offense in violation of 18 U.S.C. § 924(c). Tavarez argues that this...

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