United States v. Nelson Diaz
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION OF THE COURT
SLOVITER, Circuit Judge.
This court previously vacated one of the two counts of conviction of Nelson Diaz under 18 U.S.C. § 924(c) because it was not based on a second predicate offense. On remand to the District Court for resentencing, the District Court rejected Diaz’s contention that it was required to merely subtract the 120-month sentence associated with the vacated count. The Court held that it was permitted to resentence de novo. Diaz appeals and the case is now before the same panel of judges who vacated Diaz’s sentence in the first instance. In addition, we…
2Cases cited9 opinions
- Pepper v. United StatesSupreme Court of the United States · 2011
- United States v. Albert Sally, A/K/A "Pj" Albert SallyCourt of Appeals for the Third Circuit · 1997
- United States v. Barry Davis, A/K/A "Mark Johnson"Court of Appeals for the Third Circuit · 1997
- United States v. Ronald Taylor (92-6548) and Michael Nash (92-6549)Court of Appeals for the Sixth Circuit · 1994
- United States v. Eric Lloyd A/K/A Calvin Larue A/K/A Butter Eric FloydCourt of Appeals for the Third Circuit · 2006
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
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- State v. Joseph M. Jaffe (072259)Supreme Court of New Jersey · 2014
- United States v. Tyrone MitchellCourt of Appeals for the Third Circuit · 2022
- United States v. Nelson DiazCourt of Appeals for the Third Circuit · 2012
2 more not listed; retrieve them via the Exa API.