Legal Opinion

United States v. Michael Lovaglia, Martin Clune and Peter Pavlisak

Court of Appeals for the Second Circuit

Decided January 22, 1992No. 418, 419, 310, 421 and 443, Dockets 91-1211, 91-1212, 91-1331, 91-2262 and 91-2264PublishedCited by 176 opinions

1Opinion of the Court

FEINBERG, Circuit Judge:

Michael Lovaglia, Martin Clune and Peter Pavlisak appeal from the sentences imposed upon them by the United States District Court for the Northern District of New York, Thomas J. McAvoy, J. Appellants challenge Judge McAvoy’s refusal to recuse himself from the sentencing proceedings. Appellants also claim that the inclusion in their presentence reports of allegations to which they did not specifically plead violated their plea agreements. Appellants ask that the case be remanded for resentencing by a different judge, with a direction that the challenged portions of the…

2Cases cited12 opinions

  1. Liljeberg v. Health Services Acquisition Corp.Supreme Court of the United States · 1988
  2. In Re Drexel Burnham Lambert IncorporatedCourt of Appeals for the Second Circuit · 1988
  3. Pacific Mutual Life Insurance v. TurnbowSupreme Court of the United States · 1989
  4. John P. Deluca v. Long Island Lighting Company, Inc.Court of Appeals for the Second Circuit · 1988
  5. Michael Paradiso v. United StatesCourt of Appeals for the Second Circuit · 1982

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

3Cited by176 opinions

  1. United States v. YousefCourt of Appeals for the Second Circuit · 2003
  2. Sacerdote v. New York UniversityCourt of Appeals for the Second Circuit · 2021
  3. United States v. YousefCourt of Appeals for the Second Circuit · 2003
  4. United States v. Arthur MorrisonCourt of Appeals for the Second Circuit · 1998
  5. United States v. DiazCourt of Appeals for the Second Circuit · 1999

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

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