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United States Second Circuit


Pena v. United States, 06-0218

Order holding that appellate counsel was not constitutionally ineffective for failing to inform client of his right to file certiorari is affirmed where: 1) counsel was retained, not appointed, and thus the Criminal Justice Act does not apply; 2) petitioner's other arguments were without merit.

Appellate Information

  • Decided 07/21/2008
  • Published 07/21/2008

Judges

  • PER CURIAM:, Before:  JACOBS, Chief Judge, B.D. PARKER and WESLEY, Circuit Judges.

Court

  • United States Second Circuit

Counsel

  • For Appellant:
  • Michael S. Pollok, New York, NY, for Petitioner-Appellant.

  • For Appellees:
  • Richard C. Daddario and Jonathan S. Kolodner, Assistant United States Attorneys for Michael J. Garcia, United States Attorney for the Southern District of New York, New York, NY, for Respondent-Appellee.
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