Does a presumption of vindictiveness apply unless a district court articulates its reasons for increasing the sentence?

MultiRegion, United States of America

The following excerpt is from United States v. Valdez-Lopez, 20-10004 (9th Cir. 2021):

We also disagree with Valdez-Lopez's suggestion that a presumption of vindictiveness applies unless a district court imposing a higher sentence at resentencing articulates "reasons for increasing the sentence." Although a court must give reasons for whatever sentence it selects, it need not specifically justify a deviation-whether upward or downward-from any sentence that might have been imposed before. By way of analogy, an administrative agency adopting a new policy must "show that there are good reasons for the new policy," but that does not mean that it must "demonstrate to a court's satisfaction that the reasons for the new policy are better than the reasons for the old one." FCC v. Fox Television Stations, Inc., 556 U.S. 502, 515 (2009). The same principle applies here.

Other Questions


When a final judgment from one district court is registered with another district court pursuant to Section 1963, is it treated like a judgment from the other district court? (MultiRegion, United States of America)
What is the range of sentences a federal district court judge can impose on a sentence that runs concurrently or consecutively with an undischarged sentence? (MultiRegion, United States of America)
What is the basis for a federal district court's finding that a state court transcript is sufficient basis for the district court to grant a motion requiring an evidentiary hearing? (MultiRegion, United States of America)
What is the test for certifying a motion by a federal district court to overturn a finding that the district court acted in the wrong way for the wrong reason? (MultiRegion, United States of America)
Can a federal district court review a federal sentencing court's decision not to depart from the sentencing guidelines? (MultiRegion, United States of America)
When a court departs from the sentencing guidelines, does the court have to indicate a specific reason for the imposition of a sentence different than that described? (MultiRegion, United States of America)
Can a federal district court exercise its discretionary sentencing authority by sentencing a defendant to a minimum sentence based on the Guidelines? (MultiRegion, United States of America)
Does the sentencing packaging doctrine apply to a case where both a new sentence and a revocation sentence were imposed at the conclusion of a single sentencing proceeding? (MultiRegion, United States of America)
In what circumstances will a court of appeals remand to a federal district court for resentencing where the sentence was imposed as a possible result of an incorrect application of the sentencing guidelines? (MultiRegion, United States of America)
What is a federal district court's duty to determine a reasonable sentence for a man who pleaded guilty to a charge of aggravated assault? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.