United States Second Circuit

Denial of petitioner's amended motion to vacate, set aside or correct his sentence under 28 U.S.C. section 2255 is affirmed where the district court acted within its permissible discretion in denying petitioner's recusal motion, and where it properly determined that the alleged death threat to petitioner's counsel was not the cause of any lapse in representation.

Appellate Information

• Decided 01/09/2007
• Published 01/09/2007

Judges

• PER CURIAM., Before CARDAMONE and STRAUB, Circuit Judges, and KOELTL, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Herald Price Fahringer, Fahringer & Dubno-Herald Price Fahringer PLLC (Erica T. Dubno, on the brief), New York, NY, for Petitioner.


• For Appellees:
  
• Barbara Underwood, Assistant United States Attorney (Thomas Firestone, Assistant United States Attorney, of counsel;  Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York, on the brief), New York, NY, for Respondent.