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ERBO v. U.S.

No. 08 Civ. 02881 (LGS).

JOSE ERBO, Petitioner, v. UNITED STATES, Respondent.

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

November 17, 2014.

Attorney(s) appearing for the Case

Jose Erbo, Petitioner, Pro Se.

USA, Respondent, represented by Samson Aaron Enzer , United States Attorney's Office.

ORDER AND OPINION

LORNA G. SCHOFIELD, District Judge.

Jose Erbo, pro se, moves pursuant to Federal Rule of Civil Procedure 60(b)(6) and 60(d) to reopen an August 2009 opinion and order dismissing his 28 U.S.C. § 2255 petition for a writ of habeas corpus ("Motion"). Erbo contends that later Supreme Court decisions interpreting the Sixth Amendment Confrontation Clause apply retroactively to render unconstitutional the admission of autopsy reports during...

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