Legal Opinion
United States v. Villar
District Court, S.D. New York
Decided May 28, 1976No. 74 Cr. 1070PublishedCited by 11 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
MOTLEY, District Judge.
This case presents the question whether the court has the power, under certain circumstances, to sentence a criminal defendant nunc pro tunc as a Young Adult Offender pursuant to 18 U.S.C. § 4209, when that individual has already attained his twenty-sixth birthday prior to entry of a plea of guilty. The court holds that, on the facts of this case, it has the power to enter such a sentence to effectuate the beneficent purposes of the legislation and to remedy the deprivation of defendant’s right to the effective assistance of counsel.
The…
2Cases cited14 opinions
- McMann v. RichardsonSupreme Court of the United States · 1970
- Bell v. HoodSupreme Court of the United States · 1946
- Von Moltke v. GilliesSupreme Court of the United States · 1948
- Claude O. Jones, Jr. v. W. K. Cunningham, Jr., Superintendent of the Virginia State PenitentiaryCourt of Appeals for the Fourth Circuit · 1963
- Octavio Mestre Morera v. United States Immigration and Naturalization ServiceCourt of Appeals for the First Circuit · 1972
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Oscar Boria v. John Keane, Superintendent, Sing Sing Correctional FacilityCourt of Appeals for the Second Circuit · 1996
- Tuten v. United StatesSupreme Court of the United States · 1983
- United States of America, Cross-Appellant v. Thomas William Mayo, Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1984
- Tuten v. United StatesDistrict of Columbia Court of Appeals · 1982
- Vincenzo Roccisano v. Frederick Menifee, WardenCourt of Appeals for the Second Circuit · 2002
6 more not listed; retrieve them via the Exa API.