Does Lucas need to have the prejudicial portion of his sentence reduced if he has served his sentence?
MultiRegion, United States of America
The following excerpt is from Lucas v. U.S., 963 F.2d 8 (2nd Cir. 1992):
Because Lucas had already served the majority of his sentence, however, the court held that the usual remedy of vacating the conviction and allowing the defendant to plead anew was not appropriate in the circumstances. Instead, following our decision in United States v. Khan, 869 F.2d 661 (2d Cir.1989), cert. denied, --- U.S. ----, 111 S.Ct. 682, 112 L.Ed.2d 674 (1991), the court excised the prejudicial portion of the sentence.
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