United States v. Stephen Carbone
Court of Appeals for the Second Circuit
1Opinion of the Court
LUMBARD, Circuit Judge:
Stephen-Carbone appeals from an order of the Eastern District of New York, Wexler, J., denying a motion to vacate his sentence pursuant to Fed.R.Crim.P. 35(a) or, alternatively, pursuant to 28 U.S.C. § 2255. We reverse, and remand for resentencing before a different district, judge.
On July 21, 1983, pursuant to a written rplea agreement, Carbone pleaded guilty to two counts of evading income taxes, in violation of 26 U.S.C. § 7201. The government promised that it would “make no recommendation to the sentencing judge .as to the sentence which Stephen Carbone may be…
2Cases cited10 opinions
- Santobello v. New YorkSupreme Court of the United States · 1971
- Mabry v. JohnsonSupreme Court of the United States · 1984
- United States v. Steven W. ArnettCourt of Appeals for the Ninth Circuit · 1979
- United States v. Joseph CorsentinoCourt of Appeals for the Second Circuit · 1982
- United States v. Raymond MarquezCourt of Appeals for the Second Circuit · 1974
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3Cited by57 opinions
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- United States v. Julio Salcido-ContrerasCourt of Appeals for the Second Circuit · 1993
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