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Fifth Circuit· 11/9/2006

United States v. Pineiro

Citations

  • 470 F.3d 200
  • 2006 U.S. App. LEXIS 27880
  • 2006 WL 3234353

How courts have described this case

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

  • holding that Government preserved its mandate-rule error for review and thus plain error review did not apply
  • holding that without explicit m andate, a district court’s authority on remand for re-sentencing did not include authority to recalculate applicable advisory Guidelines range
  • concluding that the government preserved its objection to recalculating the defendant’s sentence by making state- ments throughout the sentencing hearing arguing that the prior calculations were still appropriate
  • advising that issues not raised before appeals court are not proper for reconsideration in district court below
  • applying a similar test, but permitting deviation from a mandate where evidence to be offered at “a subsequent trial” is “substantially different”
  • Law of the case “prohibits a district court on remand from reexamining an issue of law or fact previously decided on appeal and not resubmitted to the trial court on remand.”

Source: CourtListener parenthetical corpus (CC0).

Judges: King, Wiener, Clement

Read full opinion on CourtListener

Cited by

39 cases in this archive cite this case; the 20 most cited are listed.

Cites

24 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named United States v. Pineiro

5 other CourtListener records share this case name.

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.