Legal Opinion

United States v. Pedro Pablo Mesa, A.K.A. Tito, A.K.A. Pablo Mesa

Court of Appeals for the Eleventh Circuit

Decided April 23, 2001No. 99-12265, 99-12672PublishedCited by 33 opinions

1Opinion of the Court

EDMONDSON, Circuit Judge:

This appeal is about re-sentencings following remand from the appellate court.

In addition to reviewing the district court’s determination that Defendant-Appellant was an organizer/leader in the offense conduct under § 3Bl.l(a) of the Federal Sentencing Guidelines, this case presents two other questions. First, must the district court consider an issue at re-sentencing on remand that is not within the scope of the mandate and which Defendant failed to raise in his prior sentencing and appeal therefrom? Second, is a defendant eligible at re-sentencing for a downward…

2Cases cited10 opinions

  1. Piambino v. BaileyCourt of Appeals for the Eleventh Circuit · 1985
  2. Bernard Litman v. Massachusetts Mutual Life Insurance CompanyCourt of Appeals for the Eleventh Circuit · 1987
  3. United States v. Darlene Faye MogelCourt of Appeals for the Eleventh Circuit · 1992
  4. United States v. Manuel Parrado and Elfobaldo RodriguezCourt of Appeals for the Eleventh Circuit · 1990
  5. United States v. CoverCourt of Appeals for the Eleventh Circuit · 2000

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

3Cited by33 opinions

  1. United States v. CaraballoCourt of Appeals for the Eleventh Circuit · 2010
  2. United States v. Mahendra Pratap GuptaCourt of Appeals for the Eleventh Circuit · 2006
  3. Fanin v. United States Department of Veterans AffairsCourt of Appeals for the Eleventh Circuit · 2009
  4. Allapattah Services, Inc. v. Exxon Corp.District Court, S.D. Florida · 2005
  5. United States v. Terrence SmithCourt of Appeals for the Eleventh Circuit · 2002

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

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