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Second Circuit Holds Full De Novo Resentencing Hearing Required Based on Partially Successful Habeas Petition Where Resentencing Judge Not Original Judge and Changed Circumstances Plausibly Alleged

by Sam Rutherford

The U.S. Court of Appeals for the Second Circuit held that a prisoner was entitled to a full de novo resentencing hearing after he filed a successful 28 U.S.C. § 2255 habeas corpus petition vacating some but not all of his convictions. The Court noted …

 

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