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Parisi v. United States

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Argued: May 6, 2008

BEFORE: WINTER, HALL, Circuit Judges, and OBERDORFER, District Judge.*fn1

Petitioner-Appellant John Parisi appeals from the judgment of the United States District Court for the Northern District of New York (Kahn, J.), denying his petition for habeas corpus. This Court had granted Parisi a certificate of appealability on the question of whether his trial counsel was ineffective in failing to move for dismissal of the indictment with prejudice based on the use of a joint stipulation by the parties, later so-ordered by the district court, to effect an “ends-of-justice” continuance under the Speedy Trial Act. Despite our concern that stipulated ends-of-justice continuances may not be consistent with Zedner v. United States, 547 U.S. 489 (2006), where the Supreme Court reinforced the importance of the district court’s obligation independently to find that the ends of justice outweigh the defendant’s and public’s interest in a speedy trial, we find that Parisi’s attorney was not unconstitutionally ineffective in failing to anticipate Zedner and the potential for an extension of its holding to stipulated continuances. Accordingly, we AFFIRM the judgment of the district court.

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