United States Second Circuit

The district court's grant of defendant's second request for habeas relief on the ground that the Appellate Division's decision not to apply a presumption of vindictiveness to his resentencing was an unreasonable application of Pearce, is reversed where there was: 1) no reasonable likelihood of actual vindictiveness in defendant's resentencing; and 2) no violation of clearly established law in declining to apply the Pearce presumption.

Appellate Information

• Decided 09/25/2012
• Published 09/25/2012

Judges

• Parker

Court

• United States Second Circuit

Counsel