United States v. Clinton S. Parker, Also Known as Spanky

How courts have described this case

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

• holding that issues not raised in the initial appeal and not affected by the remand for resen-tencing were waived
• holding defendant's presence unnecessary when resentencing is a nondiscretionary correction of the original sentence
• “[T]he scope of the remand is determined not by formula, but by inference from the opinion as a whole.”
• “[T]he scope of the remand is determined not by formula, but by inference from the opinion as a whole.”
• “A party cannot use the accident of a remand to raise in a second appeal an issue that he could just as well have raised in the first appeal.”
• \Any issue not arising out of th[e] correction could have been raised in the original appeal and was therefore waived by not being raised then.\

Source: CourtListener parenthetical corpus (CC0).