This column reports on several significant, representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge John Gleeson applauded the government for agreeing to an order vacating two counts of a conviction to allow for a sentence reduction in an old case where the court had been statutorily constrained to impose an overly harsh prison term. Judge Arthur D. Spatt held that, despite a related pending state-court proceeding, abstention did not apply in light of recent U.S. Supreme Court authority. Judge Joanna Seybert, with minor exception, denied a company’s motion to quash OSHA subpoenas. And Judge Frederic Block rejected defendant’s motion for judgment on the pleadings regarding claims of race discrimination.
Power to Remedy Injustices
In United States v. Holloway, 95 CR 78 (EDNY, July 28, 2014), Judge Gleeson, on the government’s consent, vacated two counts of a 1996 conviction so that petitioner’s shockingly lengthy sentence of over 57 years could be radically reduced to remedy an injustice, even where all appeals and collateral challenges had failed and there was “neither a claim of innocence nor any defect in the conviction or sentence.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
