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· 7/15/1991

United States v. Nicholas Uccio

Citations

  • 940 F.2d 753
  • 1991 U.S. App. LEXIS 15250
  • 1991 WL 127378

How courts have described this case

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

  • holding that imposition on remand of previously rejected upward departure did not violate the mandate rule because the issue was left open on prior appeal
  • confirming district court’s “discretion” whether to adhere to law of the case
  • district court not barred from reconsidering a sentencing ruling, on remand, if its original ruling on the issue had not been before the appellate court
  • “the trial court is barred from reconsidering or modifying any of its prior decisions that have been ruled on by the court of appeals.”
  • “[W]hen a court has ruled on an issue, that decision should generally be adhered to by that court in subsequent stages in the same case.”
  • “[W]hen a court has ruled on an issue, that decision should generally be adhered to by that court in subsequent stages in the same case ... absent ‘cogent’ or ‘compelling’ reasons.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kearse, Mahoney, Sneed

Read full opinion on CourtListener

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.