FINDINGS OF FACT AND CONCLUSIONS OF LAW
WEXLER, District Judge.
Defendant John Barberio ("Barberio") was convicted in the United States District Court for the Eastern District of New York of offenses related to his participation in a federal gasoline excise tax evasion scheme. Defendant appealed to the Second Circuit and one of the issues on appeal was whether defendant was afforded ineffective assistance of trial counsel. The Second Circuit Court...
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