Does the Court have to grant the government an additional opportunity to present evidence on remand if it has been granted one full and fair opportunity to do so?
MultiRegion, United States of America
The following excerpt is from United States v. Archer, 671 F.3d 149 (2nd Cir. 2011):
additional opportunity to present evidence on remand if it has tendered a persuasive reason why fairness so requires); United States v. Parker, 30 F.3d 542, 55354 (4th Cir.1994) (holding that double jeopardy prevents the government from offering new evidence when it has already been given one full and fair opportunity to offer whatever proof about [the disputed issue] it could assemble).
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