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MORETA v. U.S.

No. 08 Civ. 8022(VM).

604 F.Supp.2d 610 (2009)

Pedro MORETA, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court, S.D. New York.

March 17, 2009.

Attorney(s) appearing for the Case

Pedro Moreta, White Deer, PA, pro se.

Joan M. Loughnane, U.S. Attorney's Office, New York, NY, for Respondent.

DECISION AND ORDER

VICTOR MARRERO, District Judge.

I. BACKGROUND

Petitioner Pedro Moreta ("Moreta") brought this action pursuant to 28 U.S.C. § 2255 (" § 2255") (the "Petition") seeking to vacate, set aside or correct his sentence. Moreta contends that he was denied effective assistance of counsel because his attorney, Ronald L. Garnett ("Garnett"), failed: (1) to file an appeal upon request; and (2) to challenge...

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