Legal Opinion

United States v. Gonzalez

Court of Appeals for the First Circuit

Decided November 20, 2013No. 18-1787PublishedCited by 12 opinions

1Opinion of the Court

SELYA, Circuit Judge.

This appeal tees up a question that has divided our sister circuits: does Federal Rule of Criminal Procedure 32, entitled “Sentencing and Judgment,” apply to a sentencing proceeding that follows the revocation of a term of supervised release? We decline the opportunity to take a swing at answering this question. Discretion is often the better part of valor, and courts should not rush to decide unsettled legal issues that can easily be avoided.

Taking this prudential path, we bypass the Rule 32 question and address the ap pellant’s claims on the merits. After careful…

2Cases cited11 opinions

  1. United States v. SaxenaCourt of Appeals for the First Circuit · 2000
  2. United States v. Charles C. WatersCourt of Appeals for the Sixth Circuit · 1998
  3. United States v. Hector GarciaCourt of Appeals for the First Circuit · 1992
  4. United States v. CarruthCourt of Appeals for the Eleventh Circuit · 2008
  5. United States v. Ronald A. PattersonCourt of Appeals for the Eighth Circuit · 1997

6 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Gray v. CummingsCourt of Appeals for the First Circuit · 2019
  2. Worman v. HealeyCourt of Appeals for the First Circuit · 2019
  3. Simcha Berman v. Laura Sitrin, in her capacity as Finance Director for the City of NewportSupreme Court of Rhode Island · 2014
  4. Healey v. DennehyCourt of Appeals for the First Circuit · 2014
  5. United States v. AdamsCourt of Appeals for the First Circuit · 2014

7 more not listed; retrieve them via the Exa API.

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