Legal Opinion

Joseph Sapia v. United States

Court of Appeals for the Second Circuit

Decided December 28, 2005No. Docket 03-2087PublishedCited by 48 opinions

1Opinion of the Court

STRAUB, Circuit Judge.

Petitioner-Appellant Joseph Sapia appeals from the final judgment of the United States District Court for the Southern District of New York (Allen G. Schwartz, Judge) denying a motion, pursuant to 28 U.S.C. § 2255, to vacate, set aside, or correct his sentence. The motion is based on the government’s failure to comply with 21 U.S.C. § 851(a)(1), which provides that, in order to sentence a defendant to an enhanced sentence based on a prior felony conviction, the government must file an information with the court before trial or the entry of a guilty plea. 1

As reflected in…

2Cases cited20 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. United States v. BookerSupreme Court of the United States · 2004
  3. Insurance Corp. of Ireland v. Compagnie Des Bauxites De GuineeSupreme Court of the United States · 1982
  4. United States v. CottonSupreme Court of the United States · 2002
  5. United States v. Jerome CrosbyCourt of Appeals for the Second Circuit · 2005

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3Cited by48 opinions

  1. Parisi v. United StatesCourt of Appeals for the Second Circuit · 2008
  2. Franklin Antonio Moreno-Bravo v. Alberto R. GonzalesCourt of Appeals for the Second Circuit · 2006
  3. United States v. Michael Francis DiFalcoCourt of Appeals for the Eleventh Circuit · 2016
  4. United States v. Carroll James FlowersCourt of Appeals for the Tenth Circuit · 2006
  5. Rivera v. United StatesCourt of Appeals for the Second Circuit · 2013

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

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