Opinion Summaries for the U.S. Court of Appeals, Second Circuit
From Findlaw Opinion Summaries.
April 9, 2008.
CRIMINAL LAW & PROCEDURE, HABEAS CORPUS, PER CURIAM
McKethan v. Mantello, No. 05-0731
Judgment denying a petition for habeas relief is affirmed where the trial court did not unreasonably apply clearly established Supreme Court precedent in rejecting defendant's claim that his exclusion from the courtroom during a pre-trial conference violated his constitutional rights.
CRIMINAL LAW & PROCEDURE, IMMIGRATION LAW, PER CURIAM, SENTENCING
Sentence calculation for entering the United States after having been lawfully deported following a conviction of an aggravated felony is affirmed over claims that: 1) the existence of "fast-track-programs" in some districts but not others not only created unwarranted disparities but also violated the parsimony provision of 18 U.S.C. section 3553(a); and 2) the sentencing court placed too much weight on the Guidelines, to the exclusion of other section 3553(a) factors
