United States Second Circuit

Defendant who received an enhanced sentence based on prior state criminal conviction that was later dismissed, may bring a direct appeal of federal sentence and need not challenge the sentence through a habeas petition.

Appellate Information

• Argued 02/01/2001
• Decided 04/02/2001
• Published 04/02/2001

Judges

• STRAUB, Circuit Judge:, Before STRAUB, POOLER, and SACK, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Martin G. Goldberg, Franklin Square, NY, for Defendant-Appellant., Peter A. Norling, Assistant United States Attorney (Loretta E. Lynch, United States Attorney for the Eastern District of New York, Kelly Currie, Assistant United States Attorney, on the brief), Brooklyn, NY, for Appellee.