United States Second Circuit

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Smith v. Wenderlich, 14-3920

In a petition for habeas corpus pursuant to 28 U.S.C. section 2254, alleging that petitioner's right to be free from double jeopardy was violated when the New York State court that had sentenced him in 2000 to 11 years of imprisonment amended his sentence by adding a term of post-release supervision that under New York law was required to be part of his 2000 sentence, the District Court's denial of the petition is affirmed where the New York court's rejection of petitioner's constitutional challenges to the resentencing was neither contrary to nor an unreasonable application of United States Supreme Court precedent.

Appellate Information

  • Decided
  • Published 2016/06/23




  • United States Second Circuit