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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.