Michael A. Zapara and Gina A. Zapara - Page 12

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              Petitioners have provided no factual support for their                  
         allegations.  The evidence indicates that petitioners were                   
         informed that their signing of the Form 4549-CG was a                        
         precondition to an offer in compromise, rather than a                        
         precondition to the acceptance of their plea agreement.                      
         Petitioners have not established any duress or coercion by                   
         respondent.                                                                  
                   2.  Duress or Coercion by Petitioners’ Attorney                    
              Petitioners allege that Mr. Spirtos was ineffective counsel             
         and argue that the lack of effective counsel invalidates the Form            
         4549-CG.  In support of this argument, petitioners rely on a                 
         transcript of a District Court hearing wherein the District Court            
         judge expressed general concern regarding Mr. Spirtos’s                      
         effectiveness as an attorney and his handling of Mr. Zapara’s                
         criminal case.                                                               
              We are not persuaded that ineffectiveness of counsel                    
         constitutes duress or coercion or otherwise invalidates a Form               
         4549-CG.  In any event, the District Court’s conclusions do not              
         establish that Mr. Spirtos was ineffective in representing                   
         petitioners with respect to their signing the Form 4549-CG.  The             
         District Court’s order, filed February 28, 2002, concluded that              
         Mr. Spirtos rendered ineffective assistance of counsel in                    
         negotiating a plea agreement that contained an erroneous loss                
         calculation.  The District Court’s order granted petitioners                 
         relief to the “limited extent” of revising the loss calculation              




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