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U.S. v. SINGLETARY

Docket No. 05-6145-CR.

458 F.3d 72 (2006)

UNITED STATES of America, Appellee, v. Quentin SINGLETARY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: July 19, 2006.

Attorney(s) appearing for the Case

Robert G. Smith, Assistant Federal Defender (Jay S. Ovsiovitch, on the brief), Rochester, NY, for Defendant-Appellee.

Bradley E. Tyler, Assistant United States Attorney (Kathleen M. Mehltretter, Acting United States Attorney, on the brief), United States Attorney's Office for the Western District of New York, Buffalo, NY, for Respondents.

Before CABRANES, STRAUB, and HALL, Circuit Judges.

JOSÉ A. CABRANES, Circuit Judge.

We consider here whether a presumption of vindictiveness is created by the decision of a sentencing judge, on a remand pursuant to United States v. Fagans, 406 F.3d 138 (2d Cir.2005), to impose a longer prison term than had been imposed at the original sentencing. At issue is the relation of two doctrines: (1) the rule that, absent newly discovered...

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