United States v. Yost
Court of Appeals for the Eleventh Circuit
1Opinion of the Court
BLACK, Circuit Judge:
Appellant Wallace C. Yost appeals his sentence for conspiracy to commit mail fraud, wire fraud, and bankruptcy fraud, in violation of 18 U.S.C. § 371, and mail fraud, in violation of 18 U.S.C. § 1341. He asserts the district court erred by resen-tencing him and revisiting issues at the second sentencing hearing that it had previously decided. We hold the district court, having discovered a clear error, had the authority under Rule 35(c) to resen-tence Appellant and revisit any factual findings or issues previously decided at the initial sentencing and therefore affirm.
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2Cases cited9 opinions
- United States v. MorilloCourt of Appeals for the First Circuit · 1993
- United States v. Jim ClayCourt of Appeals for the Seventh Circuit · 1994
- United States v. StinsonCourt of Appeals for the Eleventh Circuit · 1996
- United States v. Raymond Joseph LopezCourt of Appeals for the Fifth Circuit · 1994
- United States v. David BentleyCourt of Appeals for the Seventh Circuit · 1988
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- United States v. MartinezCourt of Appeals for the Eleventh Circuit · 2010
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