United States Second Circuit

District court order dismissing plaintiff's petition to vacate, set aside, or correct his sentence on the basis of ineffective assistance of counsel is affirmed where appellate counsel's failure to raise a claim that he had the right to counsel at the plea-withdrawal stage was not objectively unreasonable or the cause of any prejudice.

Appellate Information

• Decided 07/30/2009
• Published 07/30/2009

Judges

• PER CURIAM:, Before PARKER and WESLEY, Circuit Judges, TSOUCALAS, Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Eleanor Jackson Piel, New York, NY, for Petitioner-Appellant.


• For Appellees:
  
• Frank H. Sherman, Assistant United States Attorney (Kathleen M. Mehltretter, Acting United States Attorney, of counsel), Office of the United States Attorney for the Western District of New York, Rochester, NY, for Respondent-Appellee.