In what circumstances will a federal judge vacate or vacate an improper portion of a sentence?

MultiRegion, United States of America

The following excerpt is from U.S. v. Showerman, 68 F.3d 1524 (2nd Cir. 1995):

At the same time, we have neither a desire to prevent the court from imposing any sentence that is lawful nor any wish to cause unnecessary prolongation of proceedings in the district court. Accordingly, we have on occasion given the district court the option simply of eliminating the improper portion of its sentence. See, e.g., United States v. Khan, 869 F.2d at 662. And in some instances we have remanded for the court to impose whatever sentence it chose within the original range of permissibility. See, e.g., United States v. Young, 932 F.2d 1035, 1038 (2d Cir.1991) (fine not imposed originally, in order to give priority to restitution, might be imposed on remand in view of the vacation of the restitution order); see also United States v. Leonard, 37 F.3d 32, 37 (2d Cir.1994) (finding departure inadequately explained, and vacating entire sentence "in order to give the district court complete flexibility upon resentencing").

Other Questions


What is the burden of appealing against a sentencing judge's sentencing in a case where the sentencing judge referred to a prior error in sentencing? (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)
Can a federal district judge direct that a federal sentence be served consecutive to a state sentence not yet imposed? (MultiRegion, United States of America)
Is it improper for a federal judge to sentence a defendant to two separate sentences for assault and possession of a firearm with intent to endanger life or cause bodily harm? (MultiRegion, United States of America)
In what circumstances will a sentencing judge impose a non-Guidelines sentence or Guidelines sentence? (MultiRegion, United States of America)
What is the test for deference between a federal judge and a federal district judge in sentencing decisions? (MultiRegion, United States of America)
Does a state court have the authority to interpret the findings of a federal court when determining whether a federal judge has found that a state judge has jurisdiction to interpret a federal finding? (MultiRegion, United States of America)
What is the effect of a federal action for non-federal action in which a plaintiff is seeking to force a federal judge to dismiss the federal action? (MultiRegion, United States of America)
In determining whether a federal court has considered the appropriate factors for sentencing under section 3553(a) of the Criminal Code, does a judge need to perform a "robotic incantations" by the sentencing judge? (MultiRegion, United States of America)
What is the test for a sentence vacated by a federal judge when the sentencing was based on material false or unreliable information? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.