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Ninth Circuit Announces Issues Not Raised in Prior Appeal Are Not Waived on Subsequent Appeal Following De Novo Resentencing

by Douglas Ankney

In a case of first impression, the U.S. Court of Appeals for the Ninth Circuit held that issues not raised in a prior appeal are not waived in a subsequent appeal following de novo resentencing. The Court also held that a defendant’s position as an “essential member” ...

 

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