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Tenth Circuit· 10/21/1996

United States v. Webb

Citations

  • 98 F.3d 585
  • 1996 U.S. App. LEXIS 27430
  • 1996 WL 599789

How courts have described this case

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

  • holding that because we specifically directed the district court to impose a sentence between 27-33 months, “the mandate rule prohibited the district court from departing downward from the guideline range enunciated”
  • concluding mandate rule applied to preclude reconsideration of Webb’s argument in part because, although the first opinion did not specifically address the argument, the panel had denied Webb’s petition for rehearing explicitly advancing the same argument
  • resentencing on remand is usually de novo unless appellate court specifically limited district court's discretion
  • appellate mandate specifically ordered district court to resentence defendant within guideline range of 27-33 months
  • “Although resentencing on remand is typically de novo, this does not hold true where an appellate court has specifically limited a district court’s discretion.”
  • appellate mandate specifically ordered district court to resentence defendant within guideline range of 27-33 months

Source: CourtListener parenthetical corpus (CC0).

Judges: Ebel, Logan, Briscoe

Read full opinion on CourtListener

Cited by

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

Cites

13 cases in this archive are cited by this case.

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