UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
decided: May 12, 1988.
UNITED STATES OF AMERICA
LENA, JOSEPH M., APPELLANT
On Appeal from the United States District Court For the Western District of Pennsylvania, Criminal Action No. 79-213, District Judge: Honorable Paul A. Simmons
BEFORE: HIGGINBOTHAM, Walter K. STAPLETON, and GREENBERG, Circuit Judges
Walter K. Stapleton, Circuit Judge
After consideration of the contentions raised by appellant, to-wit:
(1) That appellate counsel was ineffective in failing to petition the United States Supreme Court for a writ of certiorari in a timely fashion, and
(2) That trial counsel was ineffective in failing to conduct adequate pretrial discovery and investigation,
IT IS ORDERED AND ADJUDGED that the judgment of the district court dated September 28, 1987 be and is hereby affirmed.
Costs taxed against appellant.
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