United States v. Marmolejos
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION OF THE COURT
RENDELL, Circuit Judge:
This appeal raises the issue of whether the defendant, Freddie Marmolejos, is entitled to relief under 28 U.S.C. § 2255 and resentencing by the district court, in light of a post-sentencing amendment to the application notes to § 2D1.1 of the United States Sentencing Guidelines. Because we hold that the amendment clarified the existing application note, rather than effecting a substantive change in the law, Marmolejos is entitled to relief and resentencing. Accordingly, we will reverse the district court and remand for resentencing with consideration…
2Cases cited15 opinions
- Stinson v. United StatesSupreme Court of the United States · 1993
- United States v. Richard O. BertoliCourt of Appeals for the Third Circuit · 1994
- United States v. Alfredo PerezCourt of Appeals for the Sixth Circuit · 1989
- United States v. Thurnell Alston, Ervin BrennonCourt of Appeals for the Eleventh Circuit · 1990
- United States v. Carl Leslie BuggsCourt of Appeals for the Seventh Circuit · 1990
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3Cited by38 opinions
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- United States v. FlemmingCourt of Appeals for the Third Circuit · 2010
- United States v. GomesCourt of Appeals for the First Circuit · 1999
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