Legal Opinion

United States v. Marmolejos

Court of Appeals for the Third Circuit

Decided April 2, 1998No. 96-1735UnknownCited by 38 opinions

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

  1. Stinson v. United StatesSupreme Court of the United States · 1993
  2. United States v. Richard O. BertoliCourt of Appeals for the Third Circuit · 1994
  3. United States v. Alfredo PerezCourt of Appeals for the Sixth Circuit · 1989
  4. United States v. Thurnell Alston, Ervin BrennonCourt of Appeals for the Eleventh Circuit · 1990
  5. United States v. Carl Leslie BuggsCourt of Appeals for the Seventh Circuit · 1990

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

3Cited by38 opinions

  1. United States v. Carole Diaz, AKA Carole M. Cefaratti, Carole Cefaratti-DiazCourt of Appeals for the Third Circuit · 2001
  2. United States v. Kevin RobersonCourt of Appeals for the Third Circuit · 1999
  3. Levy v. Sterling Holding Co., LLCCourt of Appeals for the Third Circuit · 2008
  4. United States v. FlemmingCourt of Appeals for the Third Circuit · 2010
  5. United States v. GomesCourt of Appeals for the First Circuit · 1999

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API