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· 8/2/1982

United States v. Joseph Corsentino

Citations

  • 685 F.2d 48
  • 1982 U.S. App. LEXIS 16900

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • resentencing by a different judge necessary when prosecutor argued for a harsh sentence after agreeing to “take no position at sentencing”
  • finding that the government breached the plea agreement when, despite its agreement to \take no position\ on the defendant's sentence, it advocated against permitting the possibility that the defendant might receive an earlier parole
  • finding that the government breached the plea agreement when, despite its agreement to \take no position\ on the defendant's sentence, it advocated against permitting the possibility that the defendant might receive an earlier parole
  • promise to take no position on sentencing violated by opposition to sentence making defendant eligible for early parole
  • direct appeal from a guilty plea “is not the traditional appellate review after trial contemplated by Frady ... [and a Rule 35 motion] seeking an exercise of the District Court’s discretion to reduce [a] sentence, is not a waiver of defects that are normally presented upon a collateral attack”

Source: CourtListener parenthetical corpus (CC0).

Judges: Cannella, Newman, Pierce

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.