United States v. Julian M. Atehortva, Alejandro Correa

How courts have described this case

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

• concluding that the district court properly found the requisite intent to kill for attempted murder where there was “undisputed evidence that [the defendant] repeatedly fired a gun at federal agents from close range”
• noting that a failure to make an argument at the original sentencing cannot be viewed as a waiver if that argument would have then been “purely academic”
• permitting government to make argument at resentencing when there was no reason to do so at first sentencing
• permitting government to make argument at resentencing when there was no reason to do so at first sentencing
• allowing government to raise novel arguments on remand for resentencing following vacatur of some convictions because, before vacatur, arguments were “purely academic”
• re-sentencing should be de novo unless the remand “specifically limit[s] the scope of resentencing.”

Source: CourtListener parenthetical corpus (CC0).