Legal Opinion

United States v. Daniel Core Jack Cruz, Javier Reyes

Court of Appeals for the Second Circuit

Decided September 9, 1997No. 1649, Docket 96-1790PublishedCited by 56 opinions

1Opinion of the Court

LEVAL, Circuit Judge:

This appeal from a sentence imposed on resentencing raises the question whether the law forbids downward departure based on the defendant’s conduct in prison while serving the sentence initially imposed. At his resentencing hearing, defendant Javier Reyes sought a downward departure based on evidence of his rehabilitation during his several years of incarceration. The United States District Court for the Southern District of New York (Charles S. Haight, Jr., Judge) declined to depart, not because it found departure unwarranted on the facts, but because it believed…

2Cases cited17 opinions

  1. Koon v. United StatesSupreme Court of the United States · 1996
  2. Bailey v. United StatesSupreme Court of the United States · 1995
  3. United States v. Mirna Rivera, United States v. Robert AdamoCourt of Appeals for the First Circuit · 1993
  4. United States of America, Cross-Appellant v. Thomas Mickens, Anthony Jacobs, Shelby Kearney, Bettina Jacobs Celifie, Cross-AppelleeCourt of Appeals for the Second Circuit · 1991
  5. United States v. Shawn L. BinfordCourt of Appeals for the Seventh Circuit · 1997

12 more not listed; retrieve them via the Exa API.

3Cited by56 opinions

  1. United States v. Angela Nolan-CooperCourt of Appeals for the Third Circuit · 1998
  2. United States v. James L. TenzerCourt of Appeals for the Second Circuit · 2000
  3. United States v. Reginald ColemanCourt of Appeals for the Sixth Circuit · 1999
  4. United States v. David Yazzie Jones, Jr.Court of Appeals for the Tenth Circuit · 1998
  5. United States v. Omar Cornielle, Melvin FelizCourt of Appeals for the Second Circuit · 1999

51 more not listed; retrieve them via the Exa API.

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