United States v. Gonzalo De Jesus Tamayo
Court of Appeals for the Eleventh Circuit
1Opinion of the Court
BIRCH, Circuit Judge:
This appeal presents the question of whether the district court erred in not according a convicted defendant the opportunity to allocute at resentencing, which was restricted to the issue of whether an unadju-dicated state nolo contendere disposition can be used for computing criminal history under the Sentencing Guidelines. On remand for resentencing, the district court determined that the unadjudicated nolo contendere disposition, although unsigned by the state judge, constituted a diversionary disposition recognized by the Sentencing Guidelines as eligible for…
2Cases cited39 opinions
- Hill v. United StatesSupreme Court of the United States · 1962
- Mempa v. RhaySupreme Court of the United States · 1967
- McGautha v. CaliforniaSupreme Court of the United States · 1971
- Green v. United StatesSupreme Court of the United States · 1961
- In Re Sanford Fork & Tool Co.Supreme Court of the United States · 1895
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3Cited by96 opinions
- United States v. Damon AmedeoCourt of Appeals for the Eleventh Circuit · 2007
- United States v. Clinton S. Parker, Also Known as SpankyCourt of Appeals for the Seventh Circuit · 1996
- United States v. ReynaCourt of Appeals for the Fifth Circuit · 2004
- United States v. PerezCourt of Appeals for the Eleventh Circuit · 2011
- United States v. David ProutyCourt of Appeals for the Eleventh Circuit · 2002
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