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Tuesday, November 14, 2006

It's back. Earlier in the year, I blogged on the case United States v. Parker here. Well, the case is back to the Second Circuit. The case had been remanded for a possible resentencing. The District Court, in light of the prior litigation, appointed a new counsel to conduct the resentencing proceedings. Parker, through his prior counsel, Mahoney, moved for reconsideration of that order. Ultimately, the Court decided not to resentence Parker and denied his motion for reconsideration. Parker appealed.

The Second Circuit held that the District Court had not abused its discretion in substituting a new attorney to represent Mahoney. Also Mahoney was not a member of the Second Circuit's CJA Panel, while the new attorney was. And the new attorney had represented Parker on the remand. Accordingly, the Court affirmed the decision of the District Court, appointing the new counsel. The new counsel would continue to represent Parker on the appeal.

The decision can be found here.

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