Does the Court have to remand for reconsideration of the sentence imposed on some but not all counts?

MultiRegion, United States of America

The following excerpt is from U.S. v. Blitz, 533 F.2d 1329 (2nd Cir. 1976):

46 We are mindful that, in an appropriate case where concurrent sentences have been imposed and some but not all counts are reversed, we have remanded for reconsideration of the sentences imposed on the counts which are affirmed. United States v. Sperling, 506 F.2d 1323, 1343 (2 Cir. 1974), cert. denied, 420 U.S. 962 (1975). In the instant case, however, with respect to the counts which we reverse pursuant to the government's concession, suspended sentences were imposed on Drew on Counts 7-12 and imposition of sentence was suspended as to Orpheus on Counts 7-12 and 14-17. Moreover, the sentences imposed on the affirmed counts were exceedingly light. Under these circumstances, we hold that it is neither necessary nor appropriate to remand for reconsideration of sentence.

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