U.S. v. McCoy, No. 01-3052 (D.C. Cir.) (313 F.3d 561) (December 20, 2002) (Judge Stephen F. Williams)
Loaded on Jan. 1, 2003
published in Punch and Jurists
January 20, 2003
Filed under:
Punch And Jurists,
Remands/Rehearings/Resentencings.
One of the more confusing issues in the Federal court system is the scope of a sentencing court’s review of arguments and facts after a remand from an appellate court. Put differently, can the defendant raise, or can the district court consider (either sua sponte or otherwise), issues and objections ...
Full article and associated cases available to subscribers.
As a digital subscriber to Punch and Jurists, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- U.S. v. Hidalgo, No. CR-01-1011-PHX-FJM (D.Ariz.) (229 F.Supp.2d 961) (November 6, 2002) (Judge Frederick J. Martone)
- U.S. v. Worrell, No. 01-4857 (4th Cir.) (313 F.3d 867) (December 17, 2002) (Judge William B. Jr. Traxler)
- U.S. v. Pabon-Cruz, No. 01 Cr. 1187 (S.D.N.Y.) (255 F.Supp.2d 200) (February 4, 2003) (Judge Gerard E. Lynch)
- Ellis v. U.S., No. 01-2055 (1st Cir.) (313 F.3d 636) (December 20, 2002) (Judge Bruce M. Selya)
- U.S. v. Clipper, No. 01-3137 (D.C. Cir.) (313 F.3d 605) (December 27, 2002) (Judge Stephen F. Williams)
- Singleton v. Norris, No. 00-1492 (8th Cir.) (319 F.3d 1018) (February 10, 2003) (Judge Roger L. Wollman)
- U.S. v. McCoy, No. 01-3052 (D.C. Cir.) (313 F.3d 561) (December 20, 2002) (Judge Stephen F. Williams)
- U.S. v. Herrera, No. 00-51177 (5th Cir.) (313 F.3d 882) (November 26, 2002) (Per Curiam)
More from these topics:
- Second Circuit Holds Full De Novo Resentencing Hearing Required Based on Partially Successful Habeas Petition Where Resentencing Judge Not Original Judge and Changed Circumstances Plausibly Alleged, Dec. 1, 2024. Resentencing, De Novo Resentencing, Remands/Rehearings/Resentencings.
- Arizona Supreme Court Allows Third PCR Motion Based on IAC for Erroneous Advice About Parole Eligibility Due to ‘Pervasive Confusion’ Regarding Parole Within Legal Community, Nov. 1, 2024. Parole, Ineffective Assistance of Counsel, Remands/Rehearings/Resentencings.
- Indiana Supreme Court Says “Summary Judgment Is Not Summary Trial,” Remanding State Prisoner’s Malpractice Claim to a Jury, Aug. 15, 2024. Malpractice (Attorneys), Summary Judgment, Resentencing, Remands/Rehearings/Resentencings.
- Louisiana Supreme Court Finds Prosecution Withheld Favorable Impeachment and Exculpatory Evidence in Violation of Brady, Aug. 1, 2024. Exculpatory No Doctrine, Resentencing, Evidence - Failure to Disclose, Remands/Rehearings/Resentencings.
- Ninth Circuit Announces District Courts Must Either Orally Pronounce All Discretionary ‘Standard’ Conditions of Supervised Release in the Presence of Defendant or Provide Conditions in Writing Prior to Sentencing, Feb. 15, 2024. U.S. Sentencing Guidelines, Applicable Guidelines Issues, Sentencing Hearing, Right to be Present, Conditions of, Remands/Rehearings/Resentencings.
- Ninth Circuit: Government’s Inflammatory Arguments in Sentencing Memorandum and at Sentencing Hearing Implicitly Breached Plea Agreement Promise Not to Recommend Sentence in Excess of Low-End Guidelines Range, June 15, 2023. War on Drugs, U.S. Sentencing Guidelines, Remands/Rehearings/Resentencings, Validity of.
- Eleventh Circuit: District Court ‘Mischaracterizing’ Habeas Claim Left Claim Unresolved in Violation of Clisby, Requiring Remand, Jan. 15, 2021. Habeas Corpus, De Novo Resentencing, Remands/Rehearings/Resentencings.
- Mattox v. U.S., No. 667 (U.S. Supreme Court) (156 U.S. 237; 15 S.Ct. 337) (February 4, 1995) (Justice Brown), March 27, 2019. Punch And Jurists, Confrontation Clause/Rights.
- Price v. Johnston, No. 111 (U.S. Supreme Court) (334 U.S. 266; 68 S.Ct. 1049) (May 24, 2048) (Justice Murphy), March 27, 2019. Punch And Jurists, Right to be Present.
- Russello v. U.S., No. 82-472 (U.S. Supreme Court) (464 U.S. 16; 104 S.Ct. 296) (November 1, 1983) (Justice Blackmun), March 27, 2019. Forfeiture, Punch And Jurists.