Legal Opinion

Herminio Cortorreal v. United States

Court of Appeals for the Second Circuit

Decided May 3, 2007No. Docket 06-5193-crPublishedCited by 42 opinions

1Per curiam

In May 2006, Herminio Cortorreal, pro se, filed in the District Court a motion for resentencing in which he argued that he was entitled to resentencing under 18 U.S.C. § 3582(c)(2), and the Supreme Court’s decision in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). Specifically, Cortor-real argued that, because Booker had constituted both an implicit lowering of the United States Sentencing Guidelines (“Guidelines”) and a new rule of law that was retroactive to cases on collateral review, he was entitled to a new sentence. In July 2006, the District Court issued…

2Cases cited7 opinions

  1. Neitzke v. WilliamsSupreme Court of the United States · 1989
  2. United States v. BookerSupreme Court of the United States · 2004
  3. United States v. Matthew Mark MorenoCourt of Appeals for the Eleventh Circuit · 2005
  4. Miguel Guzman v. United StatesCourt of Appeals for the Second Circuit · 2005
  5. United States v. PriceCourt of Appeals for the Tenth Circuit · 2006

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

3Cited by42 opinions

  1. United States v. JonesCourt of Appeals for the Eleventh Circuit · 2008
  2. United States v. McGeeCourt of Appeals for the Second Circuit · 2009
  3. United States v. BordenCourt of Appeals for the Second Circuit · 2009
  4. United States v. CarterCourt of Appeals for the Sixth Circuit · 2007
  5. United States v. MartinezCourt of Appeals for the Second Circuit · 2009

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

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