Legal Opinion
United States v. Garcia-Robles
Court of Appeals for the Sixth Circuit
Decided May 10, 2011No. 09-1980PublishedCited by 28 opinions
1Opinion of the Court
OPINION
GRIFFIN, Circuit Judge.
This is defendant Julio C. Garcia-Robles’s second sentencing appeal. In our prior opinion, we vacated Garcia-Robles’s sentence as procedurally unreasonable and remanded for resentencing in a general remand order. However, on remand, over defendant’s objections, the district court resentenced defendant to the same sentence without holding a resentencing hearing. In this appeal, Garcia-Robles claims that his resentencing was procedurally unreasonable because he was denied his right to be present and allocute. We agree and hold that upon a general remand for…
2Cases cited33 opinions
- Gall v. United StatesSupreme Court of the United States · 2007
- Hill v. United StatesSupreme Court of the United States · 1962
- United States v. HastingSupreme Court of the United States · 1983
- Green v. United StatesSupreme Court of the United States · 1961
- United States v. James F. MooredCourt of Appeals for the Sixth Circuit · 1994
28 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Donavon Huff v. United StatesCourt of Appeals for the Sixth Circuit · 2013
- Andrew Martin v. United StatesCourt of Appeals for the Sixth Circuit · 2018
- United States v. Michael ThoranCourt of Appeals for the Sixth Circuit · 2016
- United States v. BarnesCourt of Appeals for the Seventh Circuit · 2011
- United States v. AleoCourt of Appeals for the Sixth Circuit · 2012
23 more not listed; retrieve them via the Exa API.