United States Second Circuit

Petition for rehearing of vacation of order denying habeas petition is denied, and original decision is adhered to, as inclusion of a five-year period of post-release supervision in defendant's sentence when that PRS was not included in the sentence imposed at defendant's sentencing hearing violated his due process rights.

Appellate Information

• Decided 08/31/2006
• Published 09/01/2006

Judges

• JOHN M. WALKER, JR., Chief Judge., Before WALKER, Chief Judge, LEVAL and SOTOMAYOR, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• David M. Samel, New York, NY, for Petitioner-Appellant.


• For Appellees:
  
• Amy M. Appelbaum, Assistant District Attorney (Charles J. Hynes, District Attorney, Kings County, Leonard Joblove and Victor Barall, Assistant District Attorneys, on the brief), Brooklyn, NY, for Respondent-Appellee.