United States v. Kupa, 100615 FED2, 13-3275

Docket Nº:13-3275
Party Name:UNITED STATES OF AMERICA, Appellee v. LULZIM KUPA, Defendant-Appellant.
Attorney:FOR APPELLANT: JAMES R. FROCCARO JR., LAW OFFICE OF JAMES R. FROCCARO, Port Washington, New York. FOR APPELLEE: ROBERT T. POLEMENI (with David C. James on the brief) for Kelly T. Currie, United States Attorney for the Eastern District of New York, Brooklyn, New York.
Judge Panel:PRESENT: DENNIS JACOBS, PIERRE N. LEVAL, Circuit Judges, GEOFFREY W. CRAWFORD, District Judge.
Case Date:October 06, 2015
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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UNITED STATES OF AMERICA, Appellee

v.

LULZIM KUPA, Defendant-Appellant.

No. 13-3275

United States Court of Appeals, Second Circuit

October 6, 2015

UNPUBLISHED OPINION

SUMMARY ORDER

Rulings by summary order do not have precedential effect . Citation to a summary order filed on or after January 1, 2007, is permitted and is governed by federal rule of appellate Procedure 32.1 and this court's Local Rule 32.1.1. When citing a summary order in a document filed with this court, a party must cite either the federal appendix or an electronic database (with the notation "summary order"). A party citing a summary order must serve a copy of it on any party not represented by counsel.

At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 6th day of October, two thousand fifteen.

Appeal from a judgment of the United States District Court for the Eastern District of New York (Gleeson, J.).

FOR APPELLANT: JAMES R. FROCCARO JR., LAW OFFICE OF JAMES R. FROCCARO, Port Washington, New York.

FOR APPELLEE: ROBERT T. POLEMENI (with David C. James on the brief) for Kelly T. Currie, United States Attorney for the Eastern District of New York, Brooklyn, New York.

PRESENT: DENNIS JACOBS, PIERRE N. LEVAL, Circuit Judges, GEOFFREY W. CRAWFORD, [*] District Judge.

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the district court be AFFIRMED.

Lulzim Kupa appeals from the judgment of the United States District Court for the Eastern District of New York (Gleeson, J.), sentencing Kupa to a 132-month term of imprisonment. We assume the parties' familiarity with the underlying facts, the procedural history, and the issues presented for review.

On appeal, Kupa asserts a single claim of ineffective assistance of counsel. This Circuit has a "baseline aversion to resolving ineffectiveness claims on direct review." United States v. Morris, 350 F.3d 32, 39 (2d Cir. 2003) (internal quotation marks and citation omitted). See Massaro v. United States, 538 U.S. 500, 504 (2003) ("[I]n most cases a motion brought...

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