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Law Of The Case Doctrine And Crosby Remands

By harlanprotass

United States v. Carr, Docket No. 06-5490-cr (2d Cir. Feb. 19, 2009) (found here)Carr was originally sentenced to life imprisonment.  On appeal, the Second Circuit upheld Carr's convictions and the district court's various Guidelines calculations.  In light of Booker and Crosby, however, it remanded Carr's case for resentencing.  Following that remand, Carr was sentenced principally to 40 years imprisonment.  In doing so, the district court used the same Guidelines calculation that it had when it had originally sentenced Carr.On appeal, Carr argued (among other things) that the law of the case doctrine should not apply to the district court's Guidelines calculation when the district court imposes a new sentence following a Crosby remand...continue to full post

Full post as published by Second Circuit Sentencing Blog on February 20, 2009 (boomark / email).