· 10/18/2016
United States v. Escobar-Gonzalez
Citations
- 669 F. App'x 717
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- determining that habeas relief was warranted on a vindictive sentencing claim
- declining to review an Eighth Amendment claim where the sentence was within the range of years prescribed by New York law
- habeas granted, presumption of vindictiveness where trial court told petitioner he would be sentenced to statutory maximum sentence before being presented with state’s evidence, hearing any defense, or reviewing a presentence report
- “[T]he Court finds that the Pearce presumption is warranted where the trial court stated, pre-trial, in the context of plea negotiations, that she would impose the non- mandatory statutory maximum if the defendant went to trial, and then imposed that sentence after trial.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Higginbotham, Higginson, Jones
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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