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U.S. v. McCOY

No. 01-3052.

313 F.3d 561 (2002)

UNITED STATES OF AMERICA, Appellee, v. JoAnn McCoy, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided December 20, 2002.

Attorney(s) appearing for the Case

Lisa B. Wright, Assistant Federal Public Defender, argued the cause for appellant. With her on the briefs was A. J. Kramer, Federal Public Defender.

Elizabeth Trosman, Assistant U.S. Attorney, argued the cause for appellee. With her on the briefs were Roscoe C. Howard, Jr., U.S. Attorney, John R. Fisher, Roy W. McLeese III, and Suzanne G. Curt, Assistant U.S. Attorneys.

Before: GINSBURG, Chief Judge, EDWARDS, SENTELLE, HENDERSON, RANDOLPH, ROGERS, TATEL, and GARLAND, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

Dissenting opinion filed by Circuit Judge HENDERSON with whom Chief Judge GINSBURG and Circuit Judge SENTELLE join.

STEPHEN F. WILLIAMS, Senior Circuit Judge:

We here address the scope of resentencing after a remand from the court of appeals under the following conditions: (1) the defendant seeks to raise a contention that was contingently relevant in the initial

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