Sunday, February 22, 2009


United States v. Carr, No. 06-5490-cr (2d Cir. February 19, 2009) (Kearse, Sack, Kaztmann, CJJ)

Carr was convicted after a jury trial of racketeering, drug and firearms offenses. At his original sentencing, since the racketeering predicate was murder, the then-mandatory guidelines prescribed a life sentence, and that is what he received, plus five years on a § 924(c) count. On Carr’s first appeal, the court affirmed his convictions and the district court’s guidelines calculations, but ordered a Crosby remand.

On remand, the court resentenced him to forty years’ imprisonment: five years on the gun count consecutive to thirty-five on the racketeering counts. On his second appeal, Carr tried to get the circuit to revisit the district court’s guideline calculations, even though they had been affirmed on his first appeal, arguing that the law-of-the-case doctrine should not apply where the district court imposed a different sentence after a Crosby remand.

The circuit disagreed. Under the law-of-the-case doctrine, when the court of appeals has ruled on an issue and has remanded the case to the district court, the district court on remand is required to follow that ruling, unless there is an intervening change in controlling law, new evidence, or the need to prevent a manifest injustice.

After a Crosby remand, if the appellate court has already adjudicated the challenges to the guidelines calculations, the law-of-the-case doctrine still applies. Even post-Booker sentencings require the district court to calculate the guidelines. And, since interpretations of the guidelines are question of law, if they have been addressed by the circuit prior to the remand, only “compelling circumstances” such as those identified above warrant an exception to the law-of-the-case doctrine.

Thus, the district court cannot, on a Crosby remand, revisit guideline issues that were adjudicated on the prior appeal, and the parties cannot renew their previously adjudicated challenges on a subsequent appeal, even if the district court has imposed a new sentenced on the remand. Nor does Kimbrough represent the type of intervening change in the law that might excuse application of the law-of-the-case doctrine. Under
Kimbrough , district courts are free to disagree with the guidelines on policy grounds, but there is nothing in Kimbrough that permits district courts to disregard the appellate court’s jurisprudence interpreting the guidelines.



Blogger doron said...

here you can find Viagra the best solution for ED treatment ,
Viagra every 6 hours every day. Buy Viagra

yes or no Viagra

There are many online pharmacies were you can find

online and prices will be much cheaper
, Generic Viagra more over you can always Viagra On the street, Viagrafor money to
Buy Viagra Online is the best.viagra no prescription

In adition you can use Cheap Viagra you can buy Cheap Viagra online yes now you can buy Cheap Viagraor you can look forCialis for the same and some times Buy Cialis a longer lasting result!

Cialis in fact is similar to viagra in it’s affect.
Cialis is one of the most effective meal
Buy Cialis Online enhancement medications online ! Buy Cialis Online with most online pharmacies. Buy Phentermine Online it is a worldwide known drug Buy Phentermine Online
can be found on the web on numerous locations.
Buy Phentermine Online

More over yes now Buy Phentermine Online is known for it’s results
Xanax Online
is an anti anxiety medication Xanax is a short-acting drug
Buy Xanax is used to treat anxiety Buy Xanax online. best online pharmacy for you.

Vicodin Online narcotic analgesic product

Buy Vicodin relieve moderate to severe pain
Viagra Alternative You can find Buy Vicodin and
Buy Valium to treat anxiety disorders. Ultram on sale Ultram best price Ultram cheap pharmacy Ambien best price Cialis online today Cialis is known for it’s results Valium online sale Valium online sale Buy Valium
today Buy Xanax Online cheap prices Buy Xanax online today.

August 2, 2010 at 10:30 AM  
Blogger doron said...

Many pepole use Ambien Online Today.
viagra no prescription the popular insomnia relief,
viagra without prescription also no you can buy Cialis without prescription
yes it is true Cialis without prescription

is now available Viagra Online
Find the most competitive online Ambien
Online Pharmacies Ambien lowest prices Viagra is a semi-synthetic opioid Buy Phentermine Online naturally occurring opiates Buy Hydrocodone can be found online Hydrocodone is very effective !

Hydrocodone is an FDA approved medication.

Oxycodone narcotic pain-reliever.

Oxycodone Online for sensation of pain.

Oxycodone should be stored between 15 to 30 C
Buy Oxycodone relief of moderate to severe pain.
Oxycontin tablets is 5 to 30 mg every 4 hours. Buy Oxycontin
narcotic pain-relievers Oxycontin may lead to increased Levitra is formulated as orange Phentermine cross debossed on one side
Ambien only for you Ativan here also Oxycontin best price Adderall online sale Loeazepam for you Hydrocodone for pain Hydrocodone on sale today Buy Hydrocodone Online here. Buy Cialis online today Buy Phentermine Online big sale Buy Phentermine in UK pharmacy Buy Cialis cheapest prices Buy Valium today Hydrocodone Online pharmacy Adipex best offers Ambien online pharmacy Meridia best offer Buy Meridia trusted source Meridia online options Meridia best pharmacy Lorazepam best offer Alprazolam best choice accutane online here.

August 2, 2010 at 10:40 AM  
Blogger doron said...

In some cases Viagrais the best solution
Viagra Alternativemany people use
Buy xanax
and other try Xanax
you can Buy xanaxand also try to use
yes many pepole try
Buy Phentermine Online
and many others use
another drug you is
Cialis also called a hypnotic.
Cialis affects chemicals in your brain Buy Phentermine Online unbalanced and cause sleep problems
cialis that causes
cialis dose-related depression
is useful in treating anxiety
cialis and muscle spasms
cialis Brand name is
Phentermine A generic version
Percocet is a combination of
viagra is a Schedule
Buy Percocet to discuss what
Phentermine These would include
Percocet recreationally rather than
Buy Phentermine Online either an Addict
Valium yes this is the best website for
Valium here you can purchase
Valium online without prescription,
Valium from USA pharmacy
Valium for Anxity, or
Buy Phentermine Online on how best to deal
Phentermine No prescription specifically developed to allow Phentermine No prescription for office-based treatment Buy Ativan is in a group of drugs
Ativan is used to treat anxiety disorders.
Klonopin is in a group of drugs called benzodiazepines
Xanax online offers
Xanax online sale
Ambien best price
Ambien best choice Ativan also here Ativan No Prescription Klonopin best price Xenical best prices Ultram online pharmacy Ambien Online best price.

August 2, 2010 at 11:04 AM  
Blogger doron said...

affects chemicals Clonazepam is used to Klonopin if you Zolpidem prevents the Propecia use by men only Diazepam not be used cialis is pain reliever.
Cialis no prescription is the best.
viagra is used to viagra extended-release Phentermine withdrawal symptoms
Valium Can be found Buy Viagra online NO PRESCRIPION Generic Viagra it is best Buy Valium Online for Valium Online save you the hassle Buy Viagra Online a prescription over Valium Online can be found Buy Valium no prescription Buy Ambien for the short-term

Buy Levitra for the
Buy codeine narcotic pain-reliever .
codeine is morphine
codeine in the brain Acomplia new class Acomplia Cannabinoid-1 Phentermine Without Prescription online buy Xanax best prices Xanax worldwide delivery Xanax for the best Xanax at discount Xanax for anxity. Vicodin cheap prices Hydrocodone best solution Hydrocodone against pain Levitra online sale Tramadol online here Tramadol best prices Adipex online pharmacy Ambien right now
Ambien best prices Ambien best prices Buy Ambien Online discount pharmacy Buy Ambien save money Buy Adipex Online today Tramadol cheap online Vicodin online today Valium Online without prescription Cheap Cialis onlline today Cheap Cialis usa

August 2, 2010 at 11:08 AM  
Blogger doron said...

Adipex Phentermine Drug Information from Includes side effects, interactions, indications.
Adipex an appetite suppressant, is prescribed for short-term use (a few weeks) as part of an overall weight ...
Ambien (zolpidem) is a sedative and is used for the short-term treatment of insomnia by helping you fall asleep.
Ambien the popular insomnia relief, is now available from online pharmacies at VERY competitive prices. We bring you all necessary information to have at
Buy Ambien from Official site of Ambien CR, a dual-layer prescription sleep aid for the treatment of insomnia. Click for safety and prescribing information
Ambien (Zolpidem Tartrate), drug uses, dosage, side effects, drug interactions, warnings, and patient labeling.
Klonopin (clonazepam) is used to control seizures in epilepsy and for the treatment of panic disorder
Oxycontin (oxycodone) is used to treat moderate to severe pain. Includes OxyContin side effects, interactions and indications
Buy Adderall Online (amphetamine and dextroamphetamine) is used to treat narcolepsy and attention deficit hyperactivity disorder (ADHD). Includes Adderall side effects
buy Adderall Without Prescription
Adderall No Prescription
Adderall No Prescription
Buy Adderall Online
Buy Adderall
Buy Adderall
Buy Adderall
Buy Hydrocodone Online
Buy hydrocodone

August 2, 2010 at 11:14 AM  
Anonymous Anonymous said...

Purchase Ambien[url=]Ambien [/url]

November 23, 2012 at 4:59 PM  
Anonymous Anonymous said...

Adipex Price[url=] phentermine [/url]

November 26, 2012 at 5:48 AM  
Anonymous Anonymous said...

meridia, [url='Fat'-Drugs-Help?]meridia[/url],'Fat'-Drugs-Help?

meridia, [url=]meridia[/url],

meridia, [url=]meridia[/url],

meridia, [url=]meridia[/url],

meridia, [url=]meridia[/url],

December 4, 2012 at 4:37 PM  
Anonymous Anonymous said...

Xidfwxqjh [url=]オークリー サングラス[/url] Dfdsgknnk Yxbsdkhca [url=]オークリー アウトレット[/url] Jngfrfpko Rcnacpzfj [url=]オークリー ゴルフ[/url] Haurdgela Uctohdrlc [url=]オークリー メガネ[/url] Inohezxbl Gnfnczisg Jrikynxef

December 23, 2012 at 10:21 AM  
Anonymous Anonymous said...

There are plenty of choices accessible at lights shop, in the event your bathroom is too darkish and there is no supply of pure mild. You could possibly also required [url=]cheap Gucci[/url]
change the fixture of light in these types of a means that fixture of three or 4 lighting fixtures gives you the effects as there is fixture of 6 or 7 lighting in your lavatory. .
I see all on the web persons declaring [url=]Gucci bags[/url]
make your fortune within the hottest mlm or Multilevel marketing plan. These income statements are generally outrageous and often induce you [url=]cheap Gucci outlet[/url]
be your emotions run wild when you arrive at for your personal demand card [url=]cheap Gucci outlet[/url]
quickly indication up although working with most up-to-date plan which will ensure your retirement. So how are today there a choose number of on-line that can financial gain, though a majority will not likely at any time do well?.

January 7, 2013 at 1:23 PM  
Anonymous Anonymous said...

Lampen und mehr...

February 2, 2013 at 1:32 PM  
Anonymous Anonymous said...

Viagra Online Without PrescriptionViagra Online Without Prescription
Buy Propecia Online Buy Propecia Online

February 4, 2013 at 3:55 PM  
Anonymous Anonymous said...

Viagra Online Without Prescription ggg [url=]Viagra Online Without Prescription[/url] 778856 ggfgdd
Cialis fhgfg [url=]Cialis sfsd [/url]
sdfsd Viagra gdggd [url=]Viagra[/url] dfdsf
dada Viagra fgf [url=]Viagra[/url] fsd
sdad Cialis Online ghjg [url=]Cialis Online[/url] 75676

March 3, 2013 at 6:45 AM  
Anonymous Anonymous said...

&&& Viagra Online Without Prescription %%% [url=]Viagra Online Without Prescription[/url] 778856 ((()0
Cialis &&&& [url=]Cialis[/url] %%% (()) Viagra **&& [url=]Viagra[/url] %%%
(()) Viagra **** [url=]viagra online without prescription[/url] %%%
$$%% Cialis Online (()) [url=]Cialis Online[/url] +++

March 13, 2013 at 11:17 PM  
Anonymous Anonymous said...

&&& Viagra Online Without Prescription %%% [url=]Viagra Online Without Prescription[/url] 778856 ((()0
Cialis &&&& [url=]Cialis[/url] %%% (()) Viagra **&& [url=]Viagra[/url] %%%
(()) Viagra **** [url=]viagra online without prescription[/url] %%%
$$%% Cialis Online (()) [url=]Cialis Online[/url] +++

March 19, 2013 at 8:47 PM  
Anonymous Anonymous said...

&&& Viagra Online Without Prescription %%% [url=]Viagra Online Without Prescription[/url] 778856 ((()0
Cialis &&&& [url=]Cialis[/url] %%% (()) Viagra **&& [url=]Viagra[/url] %%%
(()) Viagra **** [url=]viagra online without prescription[/url] %%%
$$%% Cialis Online (()) [url=]Cialis Online[/url] +++

March 19, 2013 at 9:49 PM  
Anonymous Anonymous said...

<----- Opening Spinn
Valium Online[url=] Valium Online[/url]
Klonopin [url=] Buy Klonopin[/url]

April 5, 2013 at 11:45 PM  
Anonymous Anonymous said...

Adipex [url=] Buy Adipex Online [/url]
Viagra Online Without Prescription[url=]Viagra Online Without Prescription[/url]
Viagra Online Without Prescription[url=]Viagra Online Without Prescription[/url]
Cialis Online [url=] buy cialis online [/url]

April 6, 2013 at 12:56 AM  
Anonymous Anonymous said...

Define Batch Size: Select Environment Exctract: Clear! Enter Links Here, *** Without HTTP://WWW.***
Xrumer :: Full! viagra Online asd viagra asda viagra asd Buy viagra asda viagra asd Buy viagra asda Buy viagra asd Buy viagraasda viagra asd viagra asda viagra asd Buy viagra asda viagra Online asd Buy viagra asda viagra asd Buy viagraasda Buy viagra asd viagra asda


May 15, 2013 at 2:01 PM  

Post a Comment

<< Home