United States Eleventh Circuit

In a petition for rehearing of the court of appeal's prior decision, which permitted the government to introduce new evidence on remand to support a claimed leadership sentencing enhancement in a criminal matter, the petition is denied where 28 U.S.C. section 2106 granted the courts of appeal broad discretion to fashion mandates to allow appropriate proceedings on remand in a criminal case, and Eleventh Circuit precedent had long held that an appellate panel may in an appropriate case permit the government to introduce new evidence on a remand for resentencing.

Appellate Information

• Decided 05/19/2010
• Published 05/19/2010

Judges

• MARCUS, Circuit Judge:, Before MARCUS and HILL, Circuit Judges, and VOORHEES, District Judge.

Court

• United States Eleventh Circuit

Counsel