U.S. v. MOREE

No. 90-1618.

928 F.2d 654 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Sim Ed MOREE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 28, 1991.


Attorney(s) appearing for the Case

Julie Ann Epps, Rienzi, Miss. (court-appointed), for defendant-appellant.

James B. Tucker, Asst. U.S. Atty., George Phillips, U.S. Atty., Jackson, Miss., for plaintiff-appellee.

Before RUBIN, POLITZ, and DUHÉ, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

The defendant's original sentence was vacated by this court as a misapplication of the Sentencing Guidelines and the case was remanded to the district court. On remand, the district court sentenced the defendant in absentia and without affording him the right to allocute. The district court concluded that, because the new sentence was less onerous than the sentence originally imposed, the resentencing proceeding was a "reduction in sentence...

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