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Legal Opinion

United States v. Malki

Court of Appeals for the Second Circuit

Decided June 11, 2013No. Docket 12-3167-cr (L), 12-3178-cr (CON)PublishedCited by 12 opinions

1Per curiam

This is the second appeal by defendant-appellant Noureddine Malki from a sentence imposed by the district court for retaining classified documents without authorization in violation of 18 U.S.C. § 793(e). In the first appeal, we vacated Malki’s sentence and remanded for resen-tencing. The issue presented in this appeal is whether the case was remanded for a limited or a de novo resentencing. The district court, on remand, engaged in a de novo resentencing. We conclude that this was error, and thus we remand, again, for resentencing.

BACKGROUND

A. The Guilty Plea and Sentencing

Between 2003 and…

2Cases cited15 opinions

  1. Gall v. United StatesSupreme Court of the United States · 2007
  2. United States v. CaveraCourt of Appeals for the Second Circuit · 2008
  3. United States v. Ernesto Quintieri, Carlo DonatoCourt of Appeals for the Second Circuit · 2002
  4. Yick Man Mui v. United StatesCourt of Appeals for the Second Circuit · 2010
  5. United States v. Luiz Ben ZviCourt of Appeals for the Second Circuit · 2001

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3Cited by12 opinions

  1. United States v. AquartCourt of Appeals for the Second Circuit · 2024
  2. United States v. PowersCourt of Appeals for the Second Circuit · 2016
  3. United States v. AndersonCourt of Appeals for the Second Circuit · 2020
  4. United States v. ValenteCourt of Appeals for the Second Circuit · 2019
  5. United States v. GayeCourt of Appeals for the Second Circuit · 2023

7 more not listed; retrieve them via the Exa API.

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