Is a sentence de novo valid in a criminal case?
MultiRegion, United States of America
The following excerpt is from U.S. v. Berlant, 5 F.3d 540 (9th Cir. 1993):
We review the legality of a sentence de novo, United States v. Jordan, 964 F.2d 944, 946 (9th Cir.), cert. denied, 113 S.Ct. 478 (1992), and the district court's findings of fact underlying a sentence for clear error. United States v. Nazifpour, 944 F.2d 472, 474 (9th Cir.1991) (per curiam); United States v. Upshaw, 918 F.2d 789, 791 (9th Cir.1990), cert. denied, 111 S.Ct. 206 (1991).
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