Thursday, July 07, 2005

Defendant Need Not Be Told at Plea That His Sentence Will Run Consecutively to an Undischarged Sentence

Wilson v. McGinnis, Docket No. 04-4125 (2d Cir. July 5, 2005) (Feinberg, Cardamone, Sack) (Op. by Feinberg): The Circuit rejects on habeas review a petitioner's claim that his guilty plea was not knowing and voluntary because he was not told by the judge, at the plea proceeding, that the sentence he would receive in that case would run consecutively to another sentence he was already serving. The question turns on whether the consecutiveness of this sentence is a "direct" or merely "collateral" consequence of the defendant's guilty plea, since the Supreme Court has held that a plea of guilty is voluntary and intelligent only if the defendant enters the plea "with full awareness of its 'direct consequences.'" Op. at 7, quoting Brady v. United States, 397 U.S. 742, 748 (1970). The Circuit has defined "direct" consequences as those that have a "definite, immediate and largely automatic effect on the range of the defendant's punishment." United States v. United States Currency, 895 F.2d 908, 915 (2d Cir. 1990).

The Circuit concludes that the consecutiveness of the instant sentence was not a direct consequence of Wilson's guilty plea. This is somewhat surprising, given that under New York law, the judge essentially had to impose a consecutive sentence given the prevailing circumstances. Under N.Y. Penal Las § 70.25(2-b), a sentence imposed after a violent felony conviction "must run consecutively to a sentence imposed on an earlier felony where the violent felony was committed while the defendant was out on bail . . . on the earlier conviction [] but before sentence was imposed for that earlier felony." Op. at 4 (emphasis added). Wilson fell squarely within this provision. And while there is a "limited discretionary exception" to the requirement of consecutiveness, Wilson apparently did not qualify for it. See § 70.25(2-b) (court may run sentence concurrently if there are "either mitigating circumstances that bear directly upon the manner in which the crime was committed or . . . the defefendant's participation was relatively minor"). When Wilson pled guilty, therefore, it was "largely automatic" that he would receive a consecutive sentence. It follows that the consecutiveness of the sentence qualifies as a "direct" consequence of the plea.

The Court rejected this line of reasoning, relying on the fact that New York law gives the sentencing judge some wiggle room in not imposing a consecutive sentence. Op. at 11. However, since there seems to be no dispute that Wilson did not qualify for such largess from the sentencing judge, this rejection appears formalistic.

15 Comments:

Anonymous Real Estate Online said...

Thanks, was looking at your blog and was pretty interesting stuff. Do you need a http://www.racingnewsdaily.com

January 25, 2006 at 12:20 AM  
Anonymous Anonymous said...

here you can find Viagra the best solution for ED treatment ,
Viagra every 6 hours every day. Buy Viagra

yes or no Viagra

There are Phentermine you can find

Viagra
online and prices will be much cheaper
, Generic Viagra more over you can always Viagra On the street, Viagrafor money to
Buy Viagra Online is the best.viagra no prescription

In adition you can use Cheap Viagra you can buy Cheap Viagra online yes now you can buy Cheap Viagraor you can look forCialis for the same and some times Buy Cialis a longer lasting result!

Cialis online in fact is similar to viagra in it’s affect.
Cialis is one of the most effective meal
Buy Cialis Online enhancement medications online ! Buy Cialis Online with most online pharmacies. Buy Phentermine Online it is a worldwide known drug Buy Phentermine Online
can be found on the web on numerous locations.
Buy Phentermine Online

More over yes now Buy Phentermine Online is known for it’s results
Xanax Online
is an anti anxiety medication Xanax is a short-acting drug
Buy Xanax is used to treat anxiety Buy Xanax online. best online pharmacy for you.
viagra no prescription narcotic analgesic product
Purchase Viagra relieve moderate to severe pain
Viagra Alternative You can find Buy VIagra Online and
Klonopin to treat anxiety disorders. Ultram on sale Ultram best price Ultram cheap pharmacy Ambien best price Cialis online today Cialis is known for it’s results Valium online sale Valium online sale Buy Valium
today Buy Xanax Online cheap prices Buy Xanax online today.

August 9, 2010 at 2:30 AM  
Anonymous Anonymous said...

Many use Ambien Online Today.
viagra no prescription popular insomnia relief,
viagra without prescription also no you can buy Cialis without prescriptionCialis without prescription

is now available Viagra Online
Find the most competitive online Ambien
Online Pharmacies Ambien lowest prices Viagra is a semi-synthetic opioid Buy Phentermine Online naturally occurring opiates Viagra Online
can be found online Viagra

Viagra Online is an FDA approved medication.
Viagra Online narcotic pain-reliever.
buy viagra for sensation of pain.
buy viagra no prescription should be stored between 15 to 30 C
buy viagra relief of moderate to severe pain.
Buy Viagra Online
tablets is 5 to 30 mg every 4 hours. Buy Viagra Online
narcotic pain-relievers generic viagra
may lead to increased Levitra is formulated as orange Phentermine cross debossed on one side
Ambien only for you Ativan here also Buy Viagra online
best price Adderall online sale
Loeazepam
for you alprazolam
for pain Ativan Online
on sale today cheap viagra
here. Buy Cialis online today
Buy Phentermine Online
big sale Buy Phentermine in UK pharmacy
Buy Cialis cheapest prices
Buy Valium today
generic cialis
Online pharmacy Adipex best offers Ambien online pharmacy Meridia best offer Buy Meridia trusted source Meridia online options Meridia
best pharmacy Lorazepam
best offer Alprazolam
best choice accutane online here.

August 9, 2010 at 2:36 AM  
Anonymous Anonymous said...

In some cases Viagrais the best solution
Viagra Alternativemany people use
Buy xanax you can buy adderall
and other try Xanax
you can Buy xanaxand also try to use
Phentermine also try buy adderall
and some
Buy Phentermine Online
and many others use
Propecia
another drug you is
Cialis also called a hypnotic.
Cialis affects chemicals in your brain Buy Phentermine Online unbalanced and cause sleep problems
cialis that causes
cialis dose-related depression
Alprazolam
is useful in treating anxiety
cialis and muscle spasms
cialis Brand name is
Phentermine A generic version
Percocet is a combination of
viagra is a Schedule
Buy Percocet to discuss what
Phentermine These would include
Percocet recreationally rather than
Buy Phentermine Online either an Addict
Valium yes this is the best website for
Valium here you can purchase
Valium online without prescription,
Valium from USA pharmacy
Valium for Anxity, or
Buy Phentermine Online on how best to deal
Phentermine No prescription specifically developed to allow Phentermine No prescription for office-based treatment Buy Ativan is in a group of drugs
Ativan is used to treat anxiety disorders.
Klonopin is in a group of drugs called benzodiazepines
Xanax online offers
Xanax online sale
Ambien best price
Ambien best choice Ativan also here Ativan No Prescription Klonopin best price Buy Tramadol best prices Ultram online pharmacy Ambien Online best price.

August 9, 2010 at 2:36 AM  
Anonymous Anonymous said...

Clonazepam
affects chemicals Clonazepam is used to Klonopin if you Zolpidem prevents the Propecia use by men only Diazepam not be used cialis is pain reliever.
Cialis no prescription is the best.
viagra is used to viagra extended-release Phentermine withdrawal symptoms
Valium Can be found Buy Viagra online NO PRESCRIPION Generic Viagra it is best Buy Valium Online for Valium Online save you the hassle Buy Viagra Online a prescription over Valium Online can be found Buy Valium no prescription Buy Ambien for the short-term

Buy Levitra for the
Buy codeine narcotic pain-reliever .
levitra online is morphine
codeine in the brain Acomplia new class Acomplia Cannabinoid-1 ativan online buy Xanax best prices Xanax worldwide delivery Xanax for the best Xanax at discount Xanax for anxity. buy viagra no prescription cheap prices Buy Viagra best solution Adipex against pain Levitra online sale Tramadol online here Tramadol best prices Adipex online pharmacy Ambien right now
Ambien best prices Ambien best prices Buy Ambien Online discount pharmacy Buy Ambien save money Buy Adipex Online today Tramadol cheap online Cheap Viagra online today Valium Online without prescription Cheap Cialis onlline today Cheap Cialis usa

August 9, 2010 at 2:42 AM  
Anonymous Anonymous said...

Buy Phentermine Online
Buy Phentermine Online With FDA regulations in full effect and Phentermine being considered a controlled substance, Phentermine is unfortunately not available
Buy Phentermine Online Online Drug Store, Guaranteed Shipping. Need a product that isn`t in the site? Call US!. Best Quality Drugs!
Buy Phentermine Online online without a prescription. Order best quality generic and brand phentermine overnight delivery. Online support 24 hours!.
Buy Phentermine Online Purchase best quality generic and brand phentermine. special prices for phentermine online without ...
You need to read this before you Buy Phentermine Online
Online Pharmacy tracker, news, reviews and guide on where to buy meds like, ambien, valium, xanax online. Alprazolam and diazepam from Canadian Pharmacies. Buy Xanax
Buy Xanax or Alprazolam Online. Cheapest website to buy Xanax online. Discreet shipping worldwide. Save your money and time, choose only the ...
Buy Xanax Discount Canada. Canadian Pharmacy, Secure and Anonymous. Check Order Status. Fast online consultation!
Buy Xanax
Buy Xanax Online
Buy Xanax Online (Alprazolam) online without prescription and if so, where
Buy Xanax Online
Find the most competitive online prices and Buy Ambien
right away! Save few hundreds on your order and get your insomnia relief in a prompt and timely ...
The first reason is because it is much more convenient to Buy Hydrocodone on the Internet than it is to purchase it from a traditional pharmacy. ...
Here you can Buy Hydrocodone
Buy Vicodin
Buy Oxycodone
Oxycodone
Oxycodone
Buy Xanax
Xanax
Xanax
Oxycontin
Phentermine
Phentermine
Viagra
Hydrocodone
Hydrocodone
Hydrocodone
Vicodin
Vicodin
Adipex
Propecia
Adipex

August 9, 2010 at 2:50 AM  
Anonymous Anonymous said...

Ggarlpxiq [url=http://www.oakleymaxjp.com/]オークリー サングラス[/url] Lprevhnwk Lvciacvkd [url=http://www.oakleymaxjp.com/]オークリー アウトレット[/url] Pqrdvcrdl Hiufzccai [url=http://www.oakleymaxjp.com/]オークリー ゴルフ[/url] Zbflwmawq Tieobxxsc [url=http://www.oakleymaxjp.com/]オークリー メガネ[/url] Vmltjmtzo Sjavszryb http://www.oakleymaxjp.com/ Nakevadja

December 23, 2012 at 11:15 AM  
Anonymous Anonymous said...


viagra, [url=http://wclpedia.txwclp.org/index.php?title=buy-viagra]viagra[/url],

http://wclpedia.txwclp.org/index.php?title=buy-viagra

viagra, [url=http://jamillan.com/mwiki/index.php?title=viagra]viagra[/url],

http://jamillan.com/mwiki/index.php?title=viagra

viagra, [url=http://architectsasylum.net/wiki/index.php?title=viagra]viagra[/url],

http://architectsasylum.net/wiki/index.php?title=viagra

viagra, [url=http://gymkhana.iitb.ac.in/~smp/wiki/index.php?title=buy-viagra]viagra[/url],

http://gymkhana.iitb.ac.in/~smp/wiki/index.php?title=buy-viagra

viagra, [url=http://wearemudlark.com/derby2061/index.php?title=buy-viagra]viagra[/url],

http://wearemudlark.com/derby2061/index.php?title=buy-viagra

January 3, 2013 at 2:46 PM  
Anonymous Anonymous said...

Useless [url=http://www.sreecgmath.org/newcheapgucci.php]cheap Gucci outlet[/url]
say, should you will make your mind up [url=http://www.sreecgmath.org/newcheapgucci.php]Gucci bags[/url]
go out browsing in the close by shopping mall, heading earlier causes it [url=http://www.sreecgmath.org/newcheapgucci.php]cheap Gucci[/url]
be anxiety totally free and easy, certainly no crowds of people [url=http://www.sreecgmath.org/newcheapgucci.php]cheap Gucci[/url]
addreshttp://www.sreecgmath.org/newcheapgucci.php
Also recall that a lot of key merchants give you absolutely free present wrapping. Make totally specified you mark every single reward so that you really know what is within just and who it is really for..Additional pixels derive in the twelve. 1 inch display. Anything runs pretty well, and also there may be adequate workspace for the majority of jobs along with the 1366 by 768 resolution. Folks all endeavor [url=http://www.sreecgmath.org/newcheapgucci.php]cheap Gucci[/url]
maximize the worth of the goal by lowering its price[url=http://www.sreecgmath.org/newcheapgucci.php]cheap Gucci outlet[/url]
Therefore the price reduction knockoff sunglasses are excellent alternatives for u[url=http://www.sreecgmath.org/newcheapgucci.php]cheap Gucci bags[/url]
Many classy ones are developed with great overall look.
|
|

January 7, 2013 at 1:25 PM  
Anonymous Anonymous said...

Great goods from you, man. I've understand your stuff previous to and you are just too magnificent. I really like what you've acquired here, really like what you are saying and the way in which you say it. You make it entertaining and you still care for to keep it smart. I cant wait to read far more from you. This is actually a tremendous site.

February 2, 2013 at 2:32 PM  
Anonymous Anonymous said...

&&& Viagra Online Without Prescription %%% [url=http://www.viagra-online-without-prescription.biz]Viagra Online Without Prescription[/url] 778856 http://www.viagra-online-without-prescription.biz ((()0
Cialis &&&& [url=http://www.cialis.gd]Cialis[/url] %%% http://www.cialis.gd (()) Viagra **&& [url=http://www.viagra-no-prescription.com]Viagra[/url] %%% http://www.viagra-no-prescription.com
(()) Viagra **** [url=http://www.viagra.gd]viagra online without prescription[/url] %%% http://www.viagra.gd
$$%% Cialis Online (()) [url=http://www.cialisonline-usa.com]Cialis Online[/url] +++ http://www.cialisonline-usa.com

March 11, 2013 at 5:52 PM  
Anonymous Anonymous said...

&&& Viagra Online Without Prescription %%% Viagra Online Without Prescription 778856 http://www.viagra-online-without-prescription.biz ((()0
Cialis &&&& Cialis %%% http://www.cialis.gd (()) Viagra **&& Viagra %%% http://www.viagra-no-prescription.com
(()) viagra online without prescription **** Viagra %%% http://www.viagra.gd
$$%% Cialis Online (()) Cialis Online +++ http://www.cialisonline-usa.com

March 13, 2013 at 10:40 PM  
Anonymous Anonymous said...

&&& Viagra Online Without Prescription %%% [url=http://www.viagra-online-without-prescription.biz]Viagra Online Without Prescription[/url] 778856 http://www.viagra-online-without-prescription.biz ((()0
Cialis &&&& [url=http://www.cialis.gd]Cialis[/url] %%% http://www.cialis.gd (()) Viagra **&& [url=http://www.viagra-no-prescription.com]Viagra[/url] %%% http://www.viagra-no-prescription.com
(()) viagra online without prescription **** [url=http://www.viagra.gd]Viagra[/url] %%% http://www.viagra.gd
$$%% Cialis Online (()) [url=http://www.cialisonline-usa.com]Cialis Online[/url] +++ http://www.cialisonline-usa.com

March 19, 2013 at 8:47 PM  
Anonymous Anonymous said...

Get free downloads for Internet Explorer 7, including recommended updates as they become available. To download generic cialis cialis,cialis online cialis, generic viagra generic cialis,viagra online cialis
http://genericcialispricegnf.com#cialis online http://cialisonlinepillsgkd.com#cialis http://genericviagraonlinejvrg.com#viagra online http://buyviagraonlinertvr.com#viagra

April 2, 2013 at 6:40 PM  
Anonymous Anonymous said...

[url=http://test1517.org]test1517.org[/url]
test1517.org
http://test1517.org

May 29, 2013 at 8:29 AM  

Post a Comment

<< Home