Vindictive resentencing claim requires showing of reasonable likelihood that higher sentence is result of actual vindictiveness on part of judge
SENTENCING United States v. Medley, No. 05-2383, ___ F.3d ___ (10th Cir. Feb. 9, 2007)(New Mexico). Appeal of resentencing on remand from prior appeal for wire fraud, mail fraud, fraudulent claim on government, money laundering, impersonating government employee, making false statement, and falsely representing social security number in violation of 18 U.S.C. §§1343, 1341, 287, 1956(a)(1)(B)(i), 912, 1001, and 42 U.S.C. § 408(a)(7)(B). HELD: Any presumption of vindictiveness arising from higher sentence on remand was rebutted by district court’s explanation that changes to sentencing range were necessary to correct errors made in original sentencing range calculations. To prevail on vindictiveness claim, defendant must show reasonable likelihood that increase in sentence on remand is product of actual vindictiveness on part of sentencing judge. Read the opinion here. |
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