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2nd Circ. Eyes Resentencing After Talk Of Boxer s Nationality
Law360, New York (April 8, 2021, 6:00 PM EDT) The Second Circuit appeared likely Thursday to order resentencing for a noted boxer convicted of scheming with a Russian crime boss, because of statements the sentencing judge made about the boxer s national origin that appear to run afoul of controlling law.
During virtual arguments, Circuit Judges Richard C. Wesley, Susan L. Carney and William J. Nardini suggested that Avtandil Khurtsidze, a onetime World Boxing Organization international middleweight champion from the former Soviet republic of Georgia, would have to be sentenced anew.
Khurtsidze was sentenced to 10 years in prison in 2018 by U.S. District Judge Katherine B. Forrest after he was.
The Ninth U.S. Circuit Court of Appeals said yesterday that
its 2003 opinion in a case was “opaque” and did not render it “clearly
established” that peeking at Juvenile Court records without court permission is
a constitutional violation.
A
majority of the three-judge label rendering yesterday’s decision called for an
en banc reconsideration of the 2003 decision in
Gonzalez v. Spencer.
Yesterday’s
per curium opinion was signed by Circuit Judges Richard C. Tallman and Danielle
J. Hunsaker, as well as District Court Judge Roslyn O. Silver of the District
of Arizona, sitting by designation. Hunsaker wrote a concurring opinion in