United States Second Circuit

District court's denial of writ affirmed where the court was correct in finding that an error in the jury instruction was harmless, and to the extent the district court made a Rutledge error, that error did not cause the kind of prejudice that can be challenged on habeas.

Appellate Information

• Decided 10/31/2003
• Published 10/31/2003

Judges

• CALABRESI, Circuit Judge., Before:  CALABRESI and SACK, Circuit Judges, and GARAUFIS, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Colleen P. Cassidy, The Legal Aid Society, Federal Defender Division, Appeals Bureau, New York, N.Y., for Petitioner-Appellant.


• For Appellees:
  
• Anirudh Bansal, Assistant United States Attorney, for James B. Comey, United States Attorney for the Southern District of New York (George S. Canellos, Gary Stein, Assistant United States Attorneys, on the brief), New York, N.Y., for Respondent-Appellee.