United States v. Mamdouh Mahmud Salim
Court of Appeals for the Second Circuit
1Opinion of the Court
JOHN M. WALKER, JR., Circuit Judge:
Defendant-Appellant Mamdouh Mahmud Salim appeals from a judgment of the United States District Court for the Southern District of New York (Deborah A. Batts, Judge) resentencing him for attacking a correctional officer while an inmate at the Metropolitan Correctional Center (the “MCC”). On appeal, Salim argues primarily that his resentencing by video-conference constituted a violation of his right to be physically present. We agree with Salim that the government has not satisfied its burden of proving that he waived his right to be present and that the…
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