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U.S. v. WHREN

No. 95-3193.

111 F.3d 956 (1997)

UNITED STATES of America, Appellee, v. Michael A. WHREN, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided May 6, 1997.

Attorney(s) appearing for the Case

Lisa B. Wright, Assistant Federal Public Defender, argued the cause for appellant, with whom A.J. Kramer, Federal Public Defender, Washington, DC, was on the briefs.

Elizabeth H. Danello, Assistant U.S. Attorney, argued the cause for appellee, with whom Eric H. Holder, Jr., U.S. Attorney, John R. Fisher, Elizabeth Trosman, and Nancy R. Page, Assistant U.S. Attorneys, Washington, DC, were on the brief.

Before GINSBURG, HENDERSON, and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge GINSBURG.

Concurring opinion filed by Circuit Judge HENDERSON.

GINSBURG, Circuit Judge:

In this appeal we are asked to decide whether a criminal defendant whose case we have remanded to the district court for resentencing may there raise for the first time a challenge to his sentence that is unrelated to the reason for the remand. We hold that he may not do so unless his newly-raised objection to the sentence...

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