UNITED STATES v. CORSENTINO

No. 1179, Docket 82-1013.

685 F.2d 48 (1982)

UNITED STATES of America, Appellee, v. Joseph CORSENTINO, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided August 2, 1982.


Attorney(s) appearing for the Case

Joseph Corsentino, submitted a brief for appellant, pro se.

John S. Martin, Jr., U. S. Atty., and Robert N. Shwartz, Asst. U. S. Atty., New York City, submitted a brief for appellee.

Before NEWMAN and PIERCE, Circuit Judges, and CANNELLA, District Judge.


NEWMAN, Circuit Judge:

It is not uncommon for federal prosecutors in this Circuit and elsewhere to include in their plea agreements with defense counsel a commitment to "take no position" at sentencing. This appeal from a denial of collateral attack upon a federal sentence indicates that prosecutors would be well advised to be more specific as to the meaning of this commonly used phrase.

Pursuant to a plea agreement, Joseph Corsentino entered pleas of guilty...

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