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March 27, 2011

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Not sure if you got this comment, or just deem it too trivial for correction. Enjoying your blog.

"Thus, petitioner was improperly sentenced as a second violent felony offender. He should have been sentenced as just a second felony offender. The EDNY judge ordered resentencing."

Somerville was resentenced as a first felony offender, which gave rise to the indeterminate / determinate issue. Between 1995 and 1998 determinate sentencing was reserved for violent felony offenders with a violent or non-violent felony prior conviction. First violent felony offenders received indeterminate sentences until Jenna's Law was passed in 1998.

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