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101 F.3d 687

Docket No. 96-2017.

Angelo Favarolo v. United States

Second Circuit Court of Appeals · decided 1996-06-13

Applies 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Iuteri v. Nardoza · McNaughton v. Giuliani

Decided 1996-06-13

NOTICE: THIS SUMMARY ORDER MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY, BUT MAY BE CALLED TO THE ATTENTION OF THE COURT IN A SUBSEQUENT STAGE OF THIS CASE, IN A RELATED CASE, OR IN ANY CASE FOR PURPOSES OF COLLATERAL ESTOPPEL OR RES JUDICATA. SEE SECOND CIRCUIT RULE 0.23.

¶1

Angelo Favarolo, pro se, Lewisburg, PA, for appellant.

¶2

Zachary W. Carter, U.S. Atty., Brooklyn, NY, for appellee.

¶3

Before NEWMAN and JACOBS, Circuit Judge, and CHATIGNY,* District Judge.

¶4

This cause came on to be heard on the transcript of record from the United States District Court for the Eastern District of New York and was taken on submission.

¶5

ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the order of the District Court is hereby AFFIRMED.

¶6

Angelo Favarolo appeals pro se from the District Court's December 13, 1995, order denying his second application for bail pending disposition of his motion to vacate a sentence pursuant to 28 U.S.C. § 2255. Such motions require a showing of extraordinary circumstances meriting relief, see Iuteri v. Nardoza, 662 F.2d 159 (2d Cir.1981), and the denial in this instance was fully justified.

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