United States v. Roscoe Emory Dean, Jr., in Re United States of America
Court of Appeals for the Eleventh Circuit
Non-Argument Calendar.
1Opinion of the Court
KRAVITCH, Circuit Judge:
This case raises two important issues: (1) whether appeal or mandamus is the proper remedy when the government alleges that the district court has acted beyond the scope of its lawful authority in reducing the sentence of a convicted criminal defendant; and (2) whether the district court may reduce a defendant’s sentence under Rule 35(a) of the Federal Rules of Criminal Procedure when the original sentence was based on an erroneous prediction concerning the amount of time the defendant would likely serve in prison prior to parole. After reviewing our prior decisions,…
2Cases cited39 opinions
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- United States v. TuckerSupreme Court of the United States · 1972
- Townsend v. BurkeSupreme Court of the United States · 1948
- United States v. AddonizioSupreme Court of the United States · 1979
- United States v. WilsonSupreme Court of the United States · 1975
34 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Focus v. Allegheny County Court Of Common PleasCourt of Appeals for the Third Circuit · 1996
- Stewart v. ErwinCourt of Appeals for the Sixth Circuit · 2007
- Don Kirshner, and Schumaier, Roberts & McKinsey v. Uniden Corporation of AmericaCourt of Appeals for the Ninth Circuit · 1988
- United States v. Peter Arvanitis, Stanley Peters, John Yannakis, Perikles Panagiotaros, and Robert RichardsCourt of Appeals for the Seventh Circuit · 1990
- United States v. John Horak, and United States of America v. John HorakCourt of Appeals for the Seventh Circuit · 1987
42 more not listed; retrieve them via the Exa API.