Legal Opinion
United States v. Ernesto Quintieri, Carlo Donato
Court of Appeals for the Second Circuit
Decided October 9, 2002No. Docket 01-1013PublishedCited by 344 opinions
1Opinion of the Court
SACK, Circuit Judge.
The defendant-appellant Carlo Donato was resentenced by the United States District Court for the Eastern District of New York (Jacob Mishler, Judge) upon remand after a decision of this court vacating his first sentence. Donato appeals on a variety of grounds. In order to decide this appeal, we must address knotty questions that emerge when an appeal results in a remand for resentencing. The difficulty arises largely from the apparent tension between the view, adverted to in United States v. Atehortva, 69 F.Bd 679, 685 (2d Cir.1995), cert. denied sub nom. Correa v. United…
2Cases cited47 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Pate v. RobinsonSupreme Court of the United States · 1966
- Drope v. MissouriSupreme Court of the United States · 1975
- Godinez v. MoranSupreme Court of the United States · 1993
- Medina v. CaliforniaSupreme Court of the United States · 1992
42 more not listed; retrieve them via the Exa API.
3Cited by344 opinions
- United States v. Jerome CrosbyCourt of Appeals for the Second Circuit · 2005
- Shomo v. City of New YorkCourt of Appeals for the Second Circuit · 2009
- William Howe v. City of AkronCourt of Appeals for the Sixth Circuit · 2015
- United States v. RigasCourt of Appeals for the Second Circuit · 2009
- Brown v. City of SyracuseCourt of Appeals for the Second Circuit · 2012
339 more not listed; retrieve them via the Exa API.