United States Second Circuit

A holding that calculation of sentencing credit is not "criminal" for purposes of the rule of lenity does not contradict Supreme Court precedent establishing that such calculations are criminal for purposes of an ex post facto analysis. Petition for a rehearing from a denial of a petition for habeas corpus is denied where defendant failed to show any points of law or fact that the court overlooked or misapprehended.

Appellate Information

• Decided 02/23/2006
• Published 02/23/2006

Judges

• SOTOMAYOR, Circuit Judge., Before:  SOTOMAYOR and WESLEY, Circuit Judges, and BRIEANT, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• David A. Lewis, The Legal Aid Society, Federal Defender Division, Appeals Bureau, New York, NY, for Petitioner-Appellant.


• For Appellees:
  
• Emily Berger, Assistant United States Attorney, Eastern District of New York (Roslynn R. Mauskopf, United States Attorney, on the brief;  Susan Corkery, Assistant United States Attorney, of counsel), Brooklyn, NY, for Defendant-Appellee.