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: Puerto Rico Association of Criminal Defense Lawyers

Too Little, Too Late

By Tom Lincoln

It is difficult to read Cirilo-Muñoz v. United States, No. 02-1846 (1st Cir. April 15, 2005), and not come away feeling that what little remedy the First Circuit has finally granted in this case (a remand for resentencing before the same district judge - although Circuit Judge Torruella's concurrence is sharply worded as to the matter of sending the case back to the same Judge) still amounts to a denial of justice. Resentencing will probably result in a lesser sentence being imposed, but if the facts related in the First Circuit's opinion and the concurrence are accurate, then there is still a denial of justice that a resentencing will not cure unless the trial court acts in an extremely conscientious manner and not as the First Circuit describes its actions to date...continue to full post

Full post as published by Puerto Rico Association of Criminal Defense Lawyers on April 16, 2005 (boomark / email).