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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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