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Article • July 1, 1999 • from P&J July, 1999
U.S. v. Torres, No. 98-3006 (10th Cir.) (182 F.3d 1156) (July 7, 1999) (Judge Monroe G. McKay) by Here the Court held that, since the Government failed to meet its burden of proof at the original sentencing, "resentencing does not invite an open season for the government to make the …
Article • January 1, 1998 • from P&J January, 1998
U.S. v. DeFries, No. 96-3015 (D.C. Cir.) (129 F.3d 1293) (December 2, 1997) (Per Curiam) by Court reversed a RICO conviction because district court violated the Mandate Rule and took jurisdiction of a case while on appeal. It is little wonder that RICO charges have become the Holy Grail of …