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U.S. v. MESA

Nos. 99-12265, 99-12672.

247 F.3d 1165 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Pedro Pablo MESA, a.k.a. Tito, a.k.a. Pablo Mesa, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 11, 2001.

Attorney(s) appearing for the Case

Kathleen M. Williams, Fed. Pub. Def., Brenda G. Bryn, Miami, FL, for Defendant-Appellant.

Allen L. Morris, Asst. U.S. Atty., Anne R. Schultz, Phillip DiRosa, Miami, FL, for Plaintiff-Appellee.

Before EDMONDSON and MARCUS, Circuit Judges, and RESTANI, Judge.

EDMONDSON, Circuit Judge:

This appeal is about re-sentencings following remand from the appellate court.

In addition to reviewing the district court's determination that Defendant-Appellant was an organizer/leader in the offense conduct under § 3B1.1(a) of the Federal Sentencing Guidelines, this case presents two other questions. First, must the district court consider an issue at resentencing on remand that is not within the scope of the mandate and...

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