Can a federal district court on remand hear evidence relevant to sentencing?

MultiRegion, United States of America

The following excerpt is from U.S. v. Dominguez-Alvarado, 95 F.3d 1159 (9th Cir. 1996):

The general rule is that a district court on remand may take any matter into account and hear any evidence relevant to sentencing unless the scope of the remand is expressly or impliedly limited. United States v. Caterino, 29 F.3d 1390, 1394-95 (9th Cir.1994); cf. United States v. Pimentel, 34 F.3d 799, 800 (9th Cir.1994) (per curiam) (district court without authority to reexamine other sentencing issues when this court expressly limits scope of remand), cert. denied, 115 S.Ct. 777 (1995).

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