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U.S. v. Coscarelli, No. 96-20264 (5th Cir.) (149 F.3d 342) (July 30, 1998) (Judge Edith H. Jones)

After the Government alone appealed from a sentencing decision, the Court held that the defendant's failure to file a notice of appeal precluded him from receiving affirmative relief from the appellate court.

See the dissent by Judge DeMoss which argued that the majority's decision was precluded by the Fifth Circuit's ...

 

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