D'Ottavio v. United States

MEMORANDUM OPINION AND ORDER

SPRIZZO, District Judge.

Salvatore D’Ottavio, acting pro se, brings this third 28 U.S.C. § 2255 petition to vacate his conviction, which was affirmed by the United States Court of Appeals for the Second Circuit. In this petition, D’Ottavio claims that his conviction on Count Ten of the Indictment (S87 Cr. 205 (JES)) is duplicitous, and that his attorney failed to advise him that he could testify as to hearsay statements before the grand jury. For the reasons that follow, the petition is dismissed.

BACKGROUND

After a five day jury trial, petitioner, Salvatore…