United States v. Brown

Defendant appealed his sentence under 28 U.S.C. 2255 after the district court granted his motion to vacate or correct his earlier sentence. The Eleventh Circuit vacated the sentence and remanded for resentencing, holding that the district court abused its discretion by vacating the sentence on defendant's one and only count of conviction and modifying his sentence without conducting a resentencing hearing. On remand, the district court was instructed to hold a resentencing hearing with defendant and his counsel present. Only after considering the factors in 18 U.S.C. 3553(a) and explaining the basis for any variance, could the district court impose a new sentence. View "United States v. Brown" on Justia Law