Legal Opinion
United States v. Graciani
Court of Appeals for the First Circuit
Decided July 24, 1995No. 94-1879PublishedCited by 119 opinions
1Opinion of the Court
SELYA, Circuit Judge.
Defendant-appellant Edgar Graciani challenges the sentence imposed below on several grounds. He also belatedly moves to remand on the basis of newly discovered evidence — an initiative that requires us to set out for the first time the procedural framework that pertains to a motion brought under Fed.R.Crim.P. 33 while a criminal case is pending on direct appeal, and, relatedly, to examine the interplay between Rule 33 and a defendant’s guilty plea. In the end, we affirm the sentence and deny the motion.
I
Background
Because appellant’s conviction and sentence stem from a…
2Cases cited42 opinions
- United States v. CronicSupreme Court of the United States · 1984
- Solem v. HelmSupreme Court of the United States · 1983
- Harmelin v. MichiganSupreme Court of the United States · 1991
- United States v. SepulvedaCourt of Appeals for the First Circuit · 1993
- Hutto v. DavisSupreme Court of the United States · 1982
37 more not listed; retrieve them via the Exa API.
3Cited by119 opinions
- United States v. Quentin Miller, A/K/A "Q" Quentin MillerCourt of Appeals for the Third Circuit · 1999
- United States v. Alan N. ScottCourt of Appeals for the First Circuit · 2001
- United States v. Jose Ramon Hernandez, United States of America v. Douglas Gorbea Del-ValleCourt of Appeals for the First Circuit · 2000
- United States v. PhoCourt of Appeals for the First Circuit · 2006
- United States v. CardozaCourt of Appeals for the First Circuit · 1997
114 more not listed; retrieve them via the Exa API.