U.S. v. CASO

No. 12-3015.

723 F.3d 215 (2013)

UNITED STATES of America, Appellee, v. Russell James CASO, Jr., Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided July 19, 2013.


Attorney(s) appearing for the Case

Elizabeth G. Oyer argued the cause for appellant. With her on the briefs was Scott M. Noveck.

Lauren R. Bates , Assistant U.S. Attorney, argued the cause for appellee. With her on the brief was Ronald C. Machen Jr. , U.S. Attorney, and Elizabeth Trosman , John P. Mannarino , and Mary Ann Snow , Assistant U.S. Attorneys.

Before: GARLAND, Chief Judge, and ROGERS and GRIFFITH, Circuit Judges.


GARLAND, Chief Judge:

Russell James Caso, Jr. is innocent of the crime for which he was charged and convicted. The government does not dispute the point. Nonetheless, Caso was denied an opportunity to collaterally attack his conviction and sentence because he could not demonstrate that he is also innocent of a separate and uncharged offense that has a lower sentencing range under the United States Sentencing Guidelines. Because Caso was not required to make such a...

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