08-5521-pr Rosario v. Ercole 1 UNITED STATES COURT OF APPEALS 2 3 F OR THE S ECOND C IRCUIT 4 5 6 7 August Term, 2009 8 9 (Argued: November 19, 2009 Decided: April 12, 2010) 10 11 Docket No. 08-5521-pr 12 13 14 R ICHARD R OSARIO, 15 16 Petitioner-Appellant, 17 1…
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