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LOCASCIO v. U.S.

Docket No. 03-2485.

395 F.3d 51 (2005)

Frank LOCASCIO, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: January 12, 2005.

Attorney(s) appearing for the Case

Herald Price Fahringer, Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria, LLP (Erica T. Dubno, on the brief), New York, New York, for Petitioner-Appellant.

Nicolas Bourtin, Assistant United States Attorney (Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York, David C. James, Assistant United States Attorney, on the brief), Brooklyn, New York, for Respondent-Appellee.

Before: WALKER, Chief Judge, WINTER, and JACOBS, Circuit Judges.

WINTER, Circuit Judge.

Frank LoCascio appeals from Judge Glasser's denial of LoCascio's Section 2255 motion for a writ of habeas corpus. Various claims were raised in the district court, but LoCascio argues on appeal only that he was denied the effective assistance of counsel. This claim is based on an affidavit from one of LoCascio's attorneys stating that LoCascio's trial counsel received death-threats from a co-defendant, John Gotti, warning counsel not to "individualize...

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