Findlaw Case Summaries: Second Circuit U.S. Court of Appeals 10

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June 1-2, 2009.

CRIMINAL LAW & PROCEDURE, SENTENCING US v. Timewell, No. 07-4587 Sentence for drug crimes and making false statements to federal agents is vacated and remanded where the district court erred in neglecting to answer the question posed by the Crosby remand of defendant’s original sentence of whether the court would have imposed a materially different sentence under the post-Booker sentencing regime based on the circumstances at the time of the original sentence, and this error was not harmless
ADMINISTRATIVE LAW, IMMIGRATION LAW Guzman v. Holder , No. 08-2544 Petition for review of Board of Immigration Appeals’ cancellation of removal and finding of removeability is granted where the Board violated 8 C.F.R. sec 1003.1(d)(3)(iv) by engaging in impermissible factfinding as it relied on facts that were contested by the parties and expressly not found by the Immigration Judge.

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