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Remand for Resentencing Means Remand for Resentencing

By harlanprotass

United States v. Peguero, No. 09-4405-cr, 2010 WL 605709 (2d Cir. Feb. 22, 2010)Peguero's case was reversed and remanded by the Second Circuit for resentencing.  Upon such remand, the district court merely entered a "Resentencing Order" without a hearing, and imposed the same sentence that it originally imposed.  That wasn't good enough for the Second Circuit.  Rather, as it explained, a remand order "clearly contemplates a full resentencing procedure, complying with the procedural rules set forth in Federal Rule of Criminal Procedure 32, including the right of the defendant to make written and oral submissions with respect to the sentence to be imposed."  Also, "a sentencing court is required to state its reasons for the sentence imposed in 'open court...continue to full post

Full post as published by Second Circuit Sentencing Blog on March 07, 2010 (boomark / email).