Legal Opinion
United States v. Hernandez
Court of Appeals for the Second Circuit
Decided May 5, 2010No. Docket 09-1421-crPublishedCited by 30 opinions
1Opinion of the Court
Judge CALABRESI concurs in a separate opinion.
DENNIS JACOBS, Chief Judge:
Defendant-appellant Hector Hernandez appeals from a judgment entered in the United States District Court for the Eastern District of New York (Platt, J.) in 2009, which re-imposed a 405-month sentence of incarceration after remand from this Court back in 1993. The record indicates that the district court evidently started with an assumption — invalid after so long an interval — that the baseline for the re-sentencing was the sentence imposed in 1991, and thereby failed to properly consider the factors set out in 18…
2Cases cited7 opinions
- United States v. CaveraCourt of Appeals for the Second Circuit · 2008
- United States v. FernandezCourt of Appeals for the Second Circuit · 2006
- United States v. Oscar Rosa, Vincent Lopez, Ricardo Rodriguez, Hector Hernandez, and Armando VelasquezCourt of Appeals for the Second Circuit · 1993
- United States v. RigasCourt of Appeals for the Second Circuit · 2009
- United States v. Raymond RobinCourt of Appeals for the Second Circuit · 1977
2 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Fed. Ins. Co. v. United States, United States v. MazerCourt of Appeals for the Second Circuit · 2018
- United States v. MandellCourt of Appeals for the Second Circuit · 2014
- United States v. Mi Sun ChoCourt of Appeals for the Second Circuit · 2013
- Villanueva v. United StatesCourt of Appeals for the Second Circuit · 2018
- Ligon ex rel. J.G. v. City of New YorkCourt of Appeals for the Second Circuit · 2013
25 more not listed; retrieve them via the Exa API.