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: Fifth Circuit Blog

On Remand for Resentencing Without Specific Instructions, District Court May Consider Any New Evidence from Either Party Relevant to Issues Appealed

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United States v. Carales-Villalta, No. 09-40468 (5th Cir. Aug. 26, 2010) (Jolly, Garza, Starrett, D.J.)Let's say a defendant successfully appeals his sentence. What's in play on remand? As it turns out, this has been something of an open question in the Fifth Circuit: "This Court has not precisely stated what is proper for the district court to consider on remand absent a specific mandate." So

Full post as published by Fifth Circuit Blog on August 31, 2010 (boomark / email).

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