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Tag Archives: resentencing

Federal judge tosses life sentences for convicted sniper

WASHINGTON — The life sentences that Lee Boyd Malvo received for his role in the 2002 sniper shootings which occurred in Virginia were thrown out Friday by a federal judge, because Malvo was 17 at the time of the attacks. ...

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Court of Appeals — Resentencing: People v. Pignataro

New York State Court of Appeals Resentencing Constitutionality — Mandatory Post-Release Supervision People v. Pignataro No. 213 Judge Rivera Background: The defendant challenged his resentencing under Section 70.85 of the Penal Law. He argued that the statute is unconstitutional because ...

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Court of Appeals — Resentencing: People v. Brinson; People v. Blankymsee

New York State Court of Appeals Resentencing Double Jeopardy — Expectation of Finality People v. Brinson; People v. Blankymsee Nos. 135 & 136 Judge Rivera Background: Both defendants argue that the imposition of mandatory post-release supervision to his determinate sentence at ...

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Second Circuit — Resentencing: United States v. Steele

U.S. Court of Appeals for the Second Circuit Resentencing Prior Downward Departure United States v. Steele 12-1072-cr Judges Cabranes, Wesley and Wallace Background: At issue is whether a sentencing court, exercising its authority to reduce a term of imprisonment, may ...

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Second Circuit — Resentencing: United States v. Lifshitz

U.S. Court of Appeals for the Second Circuit Resentencing Rehabilitative Needs United States v. Lifshitz 11-2078 Judges Kearse, Pooler and Livingston Background: The defendant appealed from an amended judgment sentencing him to 25 months imprisonment and 12 months supervised release ...

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Second Circuit — Resentencing — Vindictiveness: United States v. Weingarten

U.S. Court of Appeals for the Second Circuit  Resentencing — Vindictiveness Transportation of Minors — Merger — Lesser Included Offense United States v. Weingarten 11-3999-cr Judges Calabresi, Livingston and Lynch Background: The defendant appealed from his conviction of a total of five ...

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Fourth Department — Resentencing: People v. Fomby

Appellate Division, Fourth Department Resentencing Post-Release Supervision People v. Fomby KA 11-01056 Appealed from Supreme Court, Erie County Background: The defendant was originally sentenced after jury trial to state prison, but the trial judge failed to impose any post-release supervision. ...

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Fourth Department — Resentencing: People v. Diggs

Appellate Division, Fourth Department Resentencing Jurisdiction People v. Diggs KA 10-02116 Appealed from Supreme Court, Monroe County Background: The defendant was resentenced following his conviction of, inter alia, first-degree robbery. On appeal, he contested the various terms of post-release supervision ...

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Second Circuit — Resentencing: United States v. Broxmeyer

U.S. Court of Appeals for the Second Circuit Resentencing Objections — Waiver United States v. Broxmeyer 10-5283-cr Judges Jacobs, Winter and Raggi Background: On appeal, the defendant challenged his 30-year prison sentence as procedurally and substantively unreasonable. He had been ...

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Court of Appeals — Resentencing: People v. Velez; People v. Rodriguez

New York State Court of Appeals Resentencing Deadline — Double Jeopardy People v. Velez; People v. Rodriguez No. 123; 150 Judge Smith Background: Both defendants claim that their resentencings under Corrections Law section 601-d were untimely and invalid. Both defendants ...

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