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McHALE v. U.S.

Docket No. 97-2966.

175 F.3d 115 (1999)

Kevin McHALE, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 5, 1999.

Attorney(s) appearing for the Case

Kevin McHale, Seagoville, Texas, submitted a pro se brief.

Thomas J. Maroney, U.S. Atty., Albany, N.Y., Paul D. Silver, Asst. U.S. Atty., Albany, N.Y., submitted a brief for respondent-appellee.

Before: NEWMAN and JACOBS, Circuit Judges, and TSOUCALAS, Judge.

JON O. NEWMAN, Circuit Judge:

This appeal requires us to consider the procedure we should follow when an appeal from a criminal conviction is dismissed because the defendant's counsel, after filing a notice of appeal, fails to perfect the appeal, and the defendant thereafter attempts to litigate his counsel's defective representation. This matter comes to us on an appeal by Kevin McHale from a judgment of the District Court for the Northern District of New York (Thomas...

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