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Home / Courts / 4th Circuit / Criminal – Government’s ‘procedural ambush’ rejected (access required)

Criminal – Government’s ‘procedural ambush’ rejected (access required)

Where the government changed its position regarding the standard of review in a letter submitted the day before oral argument, this “eleventh-hour” submission was rejected. In a case of first impression, it was found that the district court had the authority to resentence a defendant serving a term of imprisonment for revocation of supervised release ...

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