Williams v. Travis Book Reviews

Williams v. Travis by Second Circuit U.S. Court Of Appeals Book Summary

Argued: April 27, 1998 Affirmed. Petitioner Woodrow Williams appeals from a judgment of the United States District Court for the Eastern District of New York (Reena Raggi, Judge) denying his petition for a writ of pursuant to 28 U.S.C. § 2254. Williams pled guilty to burglary in the second degree after being informed by Justice Herbert W. Posner, of the Supreme Court, Queens County, NY, that he faced up to 15 years in prison, and was subsequently sentenced to a 3 1/2 to 7-year term on April 9, 1993. Immediately after sentence was pronounced and petitioner's counsel had left the courtroom, the Assistant District Attorney alerted the court that the sentence was invalid because, whereas Williams' maximum sentence had been set at double his minimum, New York Penal Law § 70.00(3)(b) (McKinney's 1994) requires the minimum sentence for a first- time felony offender to be ""fixed by the court at one-third of the maximum term imposed."" The court thereupon scheduled a further proceeding for one week later, on April 16, 1993, and at that proceeding informed petitioner that his original sentence was illegal and that he was to be sentenced to 3 1/2 to 10 1/2 years in prison. Williams claims that this resentencing violated his right to be free from double jeopardy.

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