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   Federal Courts - 2nd Circuit Court of Appeals - October 30, 2007

  
United States v. Parkes, No. 06-3014-cr, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 30, 2007, Decided
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Overview: Court affirmed defendant's sentence to two consecutive terms of life imprisonment where defendant's sentence was substantively reasonable. District court acted within its discretion in ruling that fact that defendant was not one who pulled trigger did not warrant lesser sentence, especially since there was risk that robbery would result in killing.

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United States v. Rosa, Docket No. 05-3621-cr, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 30, 2007, Decided
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Overview: The sentence was vacated and the case was remanded for resentencing. The district court's conclusion that defendant was subject to the Armed Career Criminal Act's fifteen-year mandatory minimum relied on an improper factual finding based on evidence outside the scope of what was permitted by Shepard.

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Valentine v. New York, No. 06-3835-pr, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 30, 2007, Decided
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Overview: Court affirmed district court's denial of his 28 U.S.C.S. § 2254 petition for writ of habeas corpus. District court reasonably credited prosecutor's race neutral reason for striking juror where petitioner was unable to provide evidence sufficient to show that district court had no permissible alternative but to reject prosecutor's justifications.

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