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U.S. v. SALINAS-CORTEZ

No. 11-1580.

660 F.3d 695 (2011)

UNITED STATES of America v. Santiago SALINAS-CORTEZ, Appellant.

United States Court of Appeals, Third Circuit.

Filed: November 8, 2011.

Attorney(s) appearing for the Case

David L. McColgin, Esq. , Defender Association of Philadelphia, Federal Court Division, Philadelphia, PA, for Appellant.

Kevin R. Brenner, Esq. , Bernadette A. McKeon, Esq. , Office of United States Attorney, Philadelphia, PA, for Appellee.

Before: McKEE, Chief Judge, FUENTES and COWEN, Circuit Judges.

OPINION

McKEE, Chief Judge.

In Pepper v. United States, 562 U.S. ___, 131 S.Ct. 1229, 179 L.Ed.2d 196 (2011), the Supreme Court held that, once the original sentence is set aside on appeal, a district court could consider postsentencing rehabilitation in determining an appropriate sentence on remand, unless the court ordering the remand explicitly precludes consideration of such evidence.

Here, we vacated...

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