United States First Circuit

In a dispute involving the defendant's right-to-be-present during a resentencing hearing, judgment of the district court proceeding without the defendant is reversed where a resentencing, assuming that the full range of ordinary sentencing issues is open, is treated essentially the same as an initial sentencing for purposes of the presence requirement.

Appellate Information

• Decided 05/26/2011
• Published 05/26/2011

Judges

• BOUDIN

Court

• United States First Circuit

Counsel

• For Appellant:
  
• William W. Fick, Randall E. Kromm