Stewart v. Scully
Court of Appeals for the Second Circuit
1Opinion of the Court
MAHONEY, Circuit Judge:
This appeal is taken from the denial of a petition for a writ of habeas corpus by the United States District Court for the Eastern District of New York, Mark A. Costan-tino, Judge. The question presented is whether a New York State prisoner who has served a substantial portion of an indeterminate sentence of ten to twenty years may be resentenced to a term of eight to twenty-four years upon his motion to correct the unlawful relationship (under New York law) between the maximum and minimum terms of his sentence. Under the circumstances here presented, we conclude that…
2Cases cited37 opinions
- North Carolina v. PearceSupreme Court of the United States · 1969
- Wainwright v. SykesSupreme Court of the United States · 1977
- Rose v. LundySupreme Court of the United States · 1982
- Benton v. MarylandSupreme Court of the United States · 1969
- United States v. HalperSupreme Court of the United States · 1989
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3Cited by9 opinions
- Juan Verdin v. Michael O'Leary and Neil F. HartiganCourt of Appeals for the Seventh Circuit · 1992
- United States of America, Appellee-Cross-Appellant v. Benjamin Gary Triestman, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 1999
- United States v. GreenwoodCourt of Appeals for the Fifth Circuit · 1992
- United States v. GreenwoodCourt of Appeals for the Fifth Circuit · 1992
- State v. EigenmannNew Jersey Superior Court Appellate Division · 1995
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