The presumption of vindictiveness that attaches when a judge resentences a defendant to a longer term the second time around does not apply where there is no reasonable likelihood the judge was actually being vindictive, the U.S. Court of Appeals for the Second Circuit ruled yesterday.
Overturning a grant of a petition for a writ of habeas corpus, the circuit said Steven Somerville was not entitled to the presumption simply because then-Brooklyn Supreme Court Justice John Leventhal (See Profile) gave him what appeared to be a longer sentence after the initial sentence was overturned.
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