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Second Circuit· 10/18/2006

Burrell v. United States

Citations

  • 467 F.3d 160
  • 2006 U.S. App. LEXIS 25886
  • 2006 WL 2973033

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that whether a criminal judgment is final for the purpose of Rule 33 is a question of law reviewed de novo
  • holding mandate impliedly decides that resentencing de novo usually required when it reverses a conviction and remands for resentencing
  • holding mandate impliedly decides that resentencing de novo usually required when it reverses a conviction and remands for resentencing
  • observing that if “an appellate court has once decided an issue, the trial court, at a later stage in the litigation, is under a duty to follow the appellate court’s ruling on that issue” (internal quotation marks omitted)
  • discussing ʺmajor groundsʺ for ʺdepart[ing] from the sound policy of adhering to [a] prior rulingʺ
  • reviewing de novo whether a mandate foreclosed the district court from exercising discretion

Source: CourtListener parenthetical corpus (CC0).

Judges: Cardamone, Sotomayor, Walker

Read full opinion on CourtListener

Cited by

38 cases in this archive cite this case; the 20 most cited are listed.

Cites

38 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Burrell v. United States

28 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.