Legal Opinion
John Dioguardi v. United States
Court of Appeals for the Second Circuit
Decided November 15, 1978No. 1222, Docket 78-2058PublishedCited by 24 opinions
1Opinion of the Court
VAN GRAAFEILAND, Circuit Judge:
This appeal presents a question left unanswered in United States v. Slutsky, 514 F.2d 1222, 1228 (2d Cir. 1975), namely, whether the United States Parole Commission’s decision to grant or deny parole is part of the trial court’s sentencing process. The answer to this question will determine whether the court that sentenced appellant erred in denying his 28 U.S.C. § 2255 motion for resentencing where the motion was based upon a change of emphasis in the Commission’s criteria for granting parole that took place after the original sentence was imposed. Prior to the…
2Cases cited16 opinions
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Warden v. MarreroSupreme Court of the United States · 1974
- Bradley v. United StatesSupreme Court of the United States · 1973
- Earl Ellery Wright v. United States Board of Parole and United States of AmericaCourt of Appeals for the Sixth Circuit · 1977
- Richard Charles Ruip v. United StatesCourt of Appeals for the Sixth Circuit · 1977
11 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Kim Chambers v. United StatesCourt of Appeals for the Second Circuit · 1997
- Joseph Corrao v. United StatesCourt of Appeals for the Second Circuit · 1998
- Carlos Cabrera v. United StatesCourt of Appeals for the Second Circuit · 1992
- John Priore v. W. Raymond Nelson, Warden, Federal Correctional Institution, Danbury, Connecticut, and Cecil McCall Chairman, U. S. Parole CommissionCourt of Appeals for the Second Circuit · 1980
- United States v. Seymour PollackCourt of Appeals for the D.C. Circuit · 1980
19 more not listed; retrieve them via the Exa API.