HOOPER v. U.S.

No. 1243, Docket 96-2371.

112 F.3d 83 (1997)

Marcus HOOPER, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 24, 1997.


Attorney(s) appearing for the Case

Cheryl Meyers, Buffalo, NY (Herbert L. Greenman, Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria, Buffalo, New York, on the brief), for Petitioner-Appellant.

Thomas S. Duszkiewicz, Assistant United States Attorney, Buffalo, NY (Patrick H. NeMoyer, United States Attorney for the Western District of New York, Buffalo, NY, on the brief), for Respondent-Appellee.

Before: OAKES, KEARSE, and McLAUGHLIN, Circuit Judges.


KEARSE, Circuit Judge:

This case returns to us in a peculiar posture. Petitioner Marcus Hooper, convicted in 1992 of narcotics and firearm offenses, appeals from the judgment of conviction, entered in the United States District Court for the Western District of New York, Richard J. Arcara, Judge ("1992 Judgment"), and from an April 21, 1996 order ("1996 Order") of that court. The 1996 Order, although purporting to grant a petition pursuant to 28 U.S.C. §...

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