| Discrepancy
In Search Condition At Sentencing
Belatedly Fixed In SDNY With Apology
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- ESPN
SDNY COURTHOUSE,
Nov 5 – Carlos Lopez was
sentenced in 2018 but there
was a discrepancy between the
oral and written sentences, as
regarding the search
condition. In one version,
reasonable belief in a
violation was not
required.
On
November 5 U.S. District Court
for the Southern District of
New York Judge Paul A.
Engelmayer held a
re-sentencing, after limited
remand on this issue from the
Second Circuit Court of
Appeals. Inner City Press
covered it.
Judge Engelmayer
genially apologized to Lopez
for the discrepancy, which has
kept him from being designated
to the facilities in which
he'll spend the next years.
He issued
an order urging entry into the
RDAP program.
The case is US v.
Lopez, 16-cr-317 (Engelmayer)
***
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