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 CourtListenerCited by
39 cases in this archive cite this case; the 20 most cited are listed.
- United States v. IreyEleventh Circuit· 2010-07-29· cited 1,965×
- United States v. SimmonsSixth Circuit· 2009-11-23· cited 234×
- United States v. WilliamsFifth Circuit· 2008-02-20· cited 177×
- General Universal Systems, Inc. v. Hal, Inc.Fifth Circuit· 2007-09-17· cited 153×
- Estate of Belden v. Brown CountyCourt of Appeals of Kansas· 2011-08-26· cited 149×
- United States v. DavisFifth Circuit· 2010-06-16· cited 88×
- United States v. Matthew SimpsonFifth Circuit· 2015-08-12· cited 85×
- United States v. GrissomNinth Circuit· 2008-04-15· cited 84×
- United States v. Walter TeelFifth Circuit· 2012-08-15· cited 74×
- United States v. SetserFifth Circuit· 2009-05-12· cited 65×
- United States v. PruittTenth Circuit· 2007-08-29· cited 60×
- William Webb v. Lorie Davis, DirectorFifth Circuit· 2019-10-16· cited 39×
- United States v. JacksonFifth Circuit· 2010-02-03· cited 34×
- United States v. Vincent BazemoreFifth Circuit· 2016-10-05· cited 29×
- United States v. Carales-VillaltaFifth Circuit· 2010-08-26· cited 23×
- United States v. ElizondoFifth Circuit· 2007-01-15· cited 16×
- Art Midwest, Incorporated v. David ClapperFifth Circuit· 2015-11-09· cited 14×
- United States v. Terri PruittTenth Circuit· 2007-06-04· cited 10×
- Lion Elastomers v. NLRBFifth Circuit· 2024-07-09· cited 9×
- Collins v. TreasuryFifth Circuit· 2023-10-12· cited 6×
Cites
24 cases in this archive are cited by this case; the 20 most cited are listed.
- Apprendi v. New JerseySupreme Court· 2000-06-26· cited 28,372×
- United States v. BookerSupreme Court· 2004-10-01· cited 23,210×
- Blakely v. WashingtonSupreme Court· 2004-06-24· cited 13,994×
- United States v. WattsSupreme Court· 1997-01-06· cited 1,575×
- Osborne v. OhioSupreme Court· 1990-06-04· cited 897×
- United States v. Francisco D. Pineiro, Also Known as Frank PineiroFifth Circuit· 2004-07-12· cited 326×
- Edwards v. United StatesSupreme Court· 1998-04-29· cited 316×
- United States v. Ernest Nda Akpan Chijioke Victor Okoro, M.D., Also Known as Victor Okoro, Also Known as Chiji v. OkoroFifth Circuit· 2005-04-14· cited 264×
- United States v. United States Smelting Refining & Mining Co.Supreme Court· 1950-05-29· cited 243×
- United States v. LeeFifth Circuit· 2004-01-20· cited 224×
- United States v. MatthewsFifth Circuit· 2002-11-12· cited 213×
- United States v. ValdezFifth Circuit· 2006-06-15· cited 196×
- United States v. Francisco D. Pineiro, Also Known as Frank PineiroFifth Circuit· 2005-05-20· cited 179×
- United States v. Samuel Saldana, Jr., United States of America v. Saul SaldanaFifth Circuit· 2005-09-30· cited 158×
- United States v. BecerraFifth Circuit· 1998-10-05· cited 132×
- United States v. MarmolejoFifth Circuit· 1998-04-21· cited 96×
- United States v. Kenneth Williams, Robert Kitchens, and Jacky GreenFifth Circuit· 1993-04-08· cited 82×
- United States v. DesselleFifth Circuit· 2006-05-22· cited 57×
- United States of America, Plaintiff-Appellee-Cross-Appellant v. Joseph Pankhurst, Defendant-Appellant-Cross-AppelleeFifth Circuit· 1997-08-20· cited 53×
- Crowe v. SmithFifth Circuit· 2001-08-30· cited 48×
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.