United States v. Williams

ON PETITION FOR REHEARING

LESLIE H. SOUTHWICK, Circuit Judge:

On May 9, 2016, we vacated Jehoni Williams’s sentence and remanded to allow Williams to elect whether to withdraw his plea or be resentenced. United States v. Williams, 821 F.3d 656 (5th Cir. 2016). On rehearing, the Government argues we went beyond the controlling caselaw.

We disagree. The Fifth Circuit authority upon which we relied spoke in terms of allowing a defendant to “seek one of two remedies: (1) specific performance, requiring that the sentence be vacated and that a different judge sentence the defendant; or (2) withdrawal…