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First Circuit Announces It Has Authority to Raise Claim of Error Sua Sponte for Violation of ‘Mandate Rule’ by Sentenc-ing Court on Remand

Article • January 15, 2024 • from CLN January, 2024

Filed under: Mandate Rule, Sua Sponte Changes, Principle of Party Presentation, Plain Error, Miscalculation of the Guidelines Sentencing Range, Reduction of Sentence

First Circuit Announces It Has Authority to Raise Claim of Error Sua Sponte for Violation of ‘Mandate Rule’ by Sentenc-ing Court on Remand by Richard Resch by Richard Resch In a case of first impression, the U.S. Court of Appeals for the First Circuit held that it may raise sua …