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U.S. v. Keller, No. 07-3330-cr (2nd Cir.) (539 F.3d 97) (August 14, 2008) (Judge Jose A. Cabranes)
Article • September 1, 2008 • from P&J September, 2008
Filed under: Punch And Jurists, Kimbroough/Regalado Remands
U.S. v. Keller, No. 07-3330-cr (2nd Cir.) (539 F.3d 97) (August 14, 2008) (Judge Jose A. Cabranes) by Conviction for conspiracy to possess and distribute cocaine base is affirmed and sentence is remanded where the record is unclear as to whether the district court understood that it could impose a …
U.S. v. Castillo, No. 03 CR 835 (RWS) (S.D.N.Y.) (2007 U.S. Dist. LEXIS 7422) (January 24, 2007) (Judge Robert W. Sweet)
Article • January 1, 2007 • from P&J January, 2007
Filed under: Punch And Jurists, Alternative Grounds For Departure
U.S. v. Castillo, No. 03 CR 835 (RWS) (S.D.N.Y.) (2007 U.S. Dist. LEXIS 7422) (January 24, 2007) (Judge Robert W. Sweet) by
U.S. v. Fagans, No. 04-4845-cr (2nd Cir.) (406 F.3d 138) (April 27, 2005) (Judge Jon O. Newman)
Article • December 1, 2005 • from P&J April, 2005
Filed under: Punch And Jurists, Remands/Rehearings/Resentencings
U.S. v. Fagans, No. 04-4845-cr (2nd Cir.) (406 F.3d 138) (April 27, 2005) (Judge Jon O. Newman) by 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 …
U.S. v. Williams, No. 04-2882-cr (2nd Cir.) (399 F.3d 450) (February 23, 2005) (Judge Jon O. Newman)
Article • February 1, 2005 • from P&J February, 2005
Filed under: Punch And Jurists, Remands/Rehearings/Resentencings
U.S. v. Williams, No. 04-2882-cr (2nd Cir.) (399 F.3d 450) (February 23, 2005) (Judge Jon O. Newman) by
U.S. v. McCoy, No. 01-3052 (D.C. Cir.) (313 F.3d 561) (December 20, 2002) (Judge Stephen F. Williams)
Article • January 1, 2003 • from P&J January, 2003
Filed under: Punch And Jurists, Remands/Rehearings/Resentencings
U.S. v. McCoy, No. 01-3052 (D.C. Cir.) (313 F.3d 561) (December 20, 2002) (Judge Stephen F. Williams) by 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, …
U.S. v. Meshack, No. 99-50669 (5th Cir.) (244 F.3d 367) (March 7, 2001) (Judge Emilio M. Garza)
Article • April 1, 2001 • from P&J April, 2001
Filed under: Punch And Jurists, Remands/Rehearings/Resentencings
U.S. v. Meshack, No. 99-50669 (5th Cir.) (244 F.3d 367) (March 7, 2001) (Judge Emilio M. Garza) by Here the Court granted a reheariing in part of its previous decision reported at 225 F.3d 556, and amended in minor respects that prior decision, but still concluded that there was no …
U.S. v. Kithcart, No. 99-1082 (3rd Cir.) (218 F.3d 213) (June 28, 2000) (Judge Theodore A. McKee)
Article • August 1, 2000 • from P&J August, 2000
Filed under: Punch And Jurists, Remands/Rehearings/Resentencings
U.S. v. Kithcart, No. 99-1082 (3rd Cir.) (218 F.3d 213) (June 28, 2000) (Judge Theodore A. McKee) by Here the Court held that the district court erred when it allowed the Government, without request or explanation, to introduce new evidence at the remanded hearing to support its claim that it …
U.S. v. Ruiz-Alvarez, No. 96-17272 (9th Cir.) (211 F.3d 1181) (April 25, 2000) (Judge Barry G. Silverman)
Article • April 1, 2000 • from P&J April, 2000
Filed under: Punch And Jurists, Remands/Rehearings/Resentencings
U.S. v. Ruiz-Alvarez, No. 96-17272 (9th Cir.) (211 F.3d 1181) (April 25, 2000) (Judge Barry G. Silverman) by United States v. Colvin, 204 F.3d 1221 (9th Cir. 2000) (Judge Hawkins) United States v. Ruiz-Alvarez, 211 F.3d 1181 (9th Cir. 2000) (Judge Silverman) In both of these cases the Ninth Circuit …
U.S. v. Hass, No. 98-41423 (5th Cir.) (199 F.3d 749) (December 29, 1999) (Judge Carl E. Stewart)
Article • February 1, 2000 • from P&J February, 2000
Filed under: Punch And Jurists, Remands/Rehearings/Resentencings
U.S. v. Hass, No. 98-41423 (5th Cir.) (199 F.3d 749) (December 29, 1999) (Judge Carl E. Stewart) by Here, relying in its decision in U.S. v. Marmolejo, 139 F.3d 528, the Fifth Circuit once again affirmed the minority view that on a restencing a defendant is limited to raising only …
U.S. v. Tidwell, No. 98-2710 (7th Cir.) (178 F.3d 946) (May 28, 1999) (Judge Terrence T. Evans)
Article • August 1, 1999 • from P&J August, 1999
Filed under: Punch And Jurists, Remands/Rehearings/Resentencings
U.S. v. Tidwell, No. 98-2710 (7th Cir.) (178 F.3d 946) (May 28, 1999) (Judge Terrence T. Evans) by Here, over the dissent of Judge Ripple, the Court held that the district court's refusal to appoint counsel and to conduct a hearing on a motion for resentencing after a retroactive change …
U.S. v. Triestman, No. 98-1021(L) (2nd Cir.) (178 F.3d 624) (June 2, 1999) (Judge Sonia Sotomayor)
Article • August 1, 1999 • from P&J August, 1999
Filed under: Punch And Jurists, Remands/Rehearings/Resentencings
U.S. v. Triestman, No. 98-1021(L) (2nd Cir.) (178 F.3d 624) (June 2, 1999) (Judge Sonia Sotomayor) by Here the Court affirmed the authority of the disctrict court to impose the same original sentence, following a successful Bailey appeal of a gun conviction, in motions under 28 USC § 2241 as …
U.S. v. Barron, No. 96-36058 (9th Cir.) (172 F.3d 1153) (April 16, 1999) (Judge John T. Jr. Noonan)
Article • May 1, 1999 • from P&J May, 1999
Filed under: Punch And Jurists, Remands/Rehearings/Resentencings
U.S. v. Barron, No. 96-36058 (9th Cir.) (172 F.3d 1153) (April 16, 1999) (Judge John T. Jr. Noonan) by Following reversal of a gun conviction based on Bailey, the majority held that the district court had erred in requiring the defendant to choose between the status quo of the elimination …
U.S. v. Campbell, No. 97-5593 (6th Cir.) (168 F.3d 263) (February 17, 1999) (Judge Karen Nelson Moore)
Article • April 1, 1999 • from P&J April, 1999
Filed under: Punch And Jurists, Remands/Rehearings/Resentencings
U.S. v. Campbell, No. 97-5593 (6th Cir.) (168 F.3d 263) (February 17, 1999) (Judge Karen Nelson Moore) by The Court explained the "mandate rule" by stating that its basic tenet is that a district court is bound by the scope of remand issued by the court of appeals. It also …
U.S. v. Marmolejo, No. 97-20378 (5th Cir.) (139 F.3d 528) (April 21, 1998) (Judge John M. Shaw)
Article • May 1, 1998 • from P&J May, 1998
Filed under: Punch And Jurists, Remands/Rehearings/Resentencings
U.S. v. Marmolejo, No. 97-20378 (5th Cir.) (139 F.3d 528) (April 21, 1998) (Judge John M. Shaw) by This case is noted because it contains a good summary of the prevailing inter-Circuit conflict on the question of what issues may be raised at a resentencing hearing following a remand. In …
U.S. v. Barron, No. 96-36058 (9th Cir.) (136 F.3d 675) (March 6, 1998) (Per Curiam)
Article • April 1, 1998 • from P&J April, 1998
Filed under: Punch And Jurists, Remands/Rehearings/Resentencings
U.S. v. Barron, No. 96-36058 (9th Cir.) (136 F.3d 675) (March 6, 1998) (Per Curiam) by On this rehearing, the court divided; but Judge Noonan wrote that when a § 2255 motion is brought to vacate a sentence that is illegal by virtue of a later Supreme Court ruling, the …
U.S. v. Mata, No. 97-1217, No. 743 (2nd Cir.) (133 F.3d 200) (January 7, 1998) (Per Curiam)
Article • February 1, 1998 • from P&J February, 1998
Filed under: Punch And Jurists, Remands/Rehearings/Resentencings
U.S. v. Mata, No. 97-1217, No. 743 (2nd Cir.) (133 F.3d 200) (January 7, 1998) (Per Curiam) by In this case, the defendant had been sentenced to two consecutive terms, one for a drug trafficking conviction and one for a §924(c) conviction. After the defendant successfully challenged his §924(c) conviction …
U.S. v. Rhodes, No. 92-3132 (D.C. Cir.) (106 F.3d 429) (January 31, 1997) (Judge Harry T. Edwards)
Article • March 1, 1997 • from P&J March, 1997
Filed under: Punch And Jurists, Remands/Rehearings/Resentencings
U.S. v. Rhodes, No. 92-3132 (D.C. Cir.) (106 F.3d 429) (January 31, 1997) (Judge Harry T. Edwards) by Here the court relied on a little-used statute, 28 U.S.C. § 2106, to justify the imposition of a sentence enhancement on some counts that had not been appealed after the defendant successfully …
U.S. v. Crowell, No. 94-10052 (5th Cir.) (60 F.3d 199) (July 25, 1995) (Judge Robert M. Parker)
Article • August 1, 1995
Filed under: Punch And Jurists, Remands/Rehearings/Resentencings
U.S. v. Crowell, No. 94-10052 (5th Cir.) (60 F.3d 199) (July 25, 1995) (Judge Robert M. Parker) by Case held that district court improperly participated in plea bargaining process by commenting on the possible sentence the defendant would receive if convicted on all counts and it vacated sentence and remanded …