United States v. Malki

How courts have described this case

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

• noting that, although the default rule in sentencing appeals is a limited remand, “a mandate may, of course, call for de novo resentencing, thereby allowing parties to reargue issues previously waived or abandoned”
• quot- ing United States v. Quintieri, 306 F.3d 1217, 1228–29 n.6 (2d Cir. 2002)
• \The presumption of limited resentencing may be overcome if issues 'became relevant only after the initial appellate review' or if the court is presented with a 'cogent or compelling reason for resentencing de novo .' \
• “When we overturn a sentence without vacating one or more underlying convictions and remand for resentencing, the default rule is that the remand is for limited, and not de novo, resentencing.” (quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).