· 5/1/1997
United States v. Escobar-Urrego
Citations
- 110 F.3d 1556
- 1997 U.S. App. LEXIS 9389
- 1997 WL 182889
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that an issue not raised on direct appeal of sentence is barred by the law of the case from presentation in a subsequent appeal
- concluding that the law-of-the-case doctrine applied both to issues actually raised in a prior appeal and to issues that could have, but were not, raised in a prior appeal
- holding that failure to challenge on first appeal district court’s decision regarding the amount of “usable” cocaine for purposes of calculating Guidelines sentence precluded defendant from raising issue on second appeal
- holding that because “the question of how much usable cocaine [defendant] imported ha[d] already been decided” by district court and never appealed, the defendant was “barred by the law-of-the-case doctrine from relitigating the issue” in sentence reduction proceedings
- holding that, because the defendant had the opportunity to appeal the determination as to the amount of drugs in his first appeal but failed to do so, the law of the case barred him from litigating that issue in his second appeal
- stating that manifest injustice may be found where decision below was clear, reversible error
Source: CourtListener parenthetical corpus (CC0).
Judges: Hatchett, Cox, Meskill
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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