Filed: Oct. 18, 1999
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 98-4138 _ Anthony Daniele, * * Appellant, * Appeal from the United States * District Court for the Eastern v. * District of Missouri. * United States of America, * [UNPUBLISHED] * Appellee. * _ Submitted: October 1, 1999 Filed: October 18, 1999 _ Before BOWMAN, FAGG, and MURPHY, Circuit Judges. _ PER CURIAM. Anthony Daniele appeals the district court's denial of his petition for writ of error coram nobis, see 28 U.S.C. § 1651(a), allegi
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 98-4138 _ Anthony Daniele, * * Appellant, * Appeal from the United States * District Court for the Eastern v. * District of Missouri. * United States of America, * [UNPUBLISHED] * Appellee. * _ Submitted: October 1, 1999 Filed: October 18, 1999 _ Before BOWMAN, FAGG, and MURPHY, Circuit Judges. _ PER CURIAM. Anthony Daniele appeals the district court's denial of his petition for writ of error coram nobis, see 28 U.S.C. § 1651(a), allegin..
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United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 98-4138
___________
Anthony Daniele, *
*
Appellant, * Appeal from the United States
* District Court for the Eastern
v. * District of Missouri.
*
United States of America, * [UNPUBLISHED]
*
Appellee. *
___________
Submitted: October 1, 1999
Filed: October 18, 1999
___________
Before BOWMAN, FAGG, and MURPHY, Circuit Judges.
___________
PER CURIAM.
Anthony Daniele appeals the district court's denial of his petition for writ of error
coram nobis, see 28 U.S.C. § 1651(a), alleging ineffective assistance of trial counsel.
Daniele asserts his defense counsel should have sought compulsion of testimony from
Daniele's codefendant even though the codefendant claimed he would assert his Fifth
Amendment privilege if called. Having carefully reviewed the parties' briefs and the
record, we affirm for the reasons set out in the magistrate judge's thorough report and
recommendation as adopted by the district court. See 8th Cir. R. 47B.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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