Somerville v. Hunt, No. 11-1211-pr (2nd Cir.) (695 F.3d 218) (September 25, 2012) (Judge Barrington D. Jr. Parker)
The district court's grant of defendant's second request for habeas relief on the ground that the Appellate Division's decision not to apply a presumption of vindictiveness to his resentencing was an unreasonable application of Pearce, is reversed where there was: 1) no reasonable likelihood of actual vindictiveness in defendant's resentencing; ...
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