U.S. v. Fagans, No. 04-4845-cr (2nd Cir.) (406 F.3d 138) (April 27, 2005) (Judge Jon O. Newman)
In this case the Court addressed three specific Booker questions, namely: (1) whether to remand for resentencing, rather than for consideration of whether to resentence, where an objection to the compulsory use of the Sentencing Guidelines has been preserved for review; (2) whether, in some circumstances, to review the correctness ...
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