March 03rd, 2018
US Court of Appeals for the Fifth Circuit Opinions
United States v. Marroquin
Opinion Date: March 2, 2018
Areas of Law: Criminal Law
The Fifth Circuit withdrew its prior opinion and issued the following opinion. The court held that the district court erred by assigning criminal history points for both defendant's North Carolina offenses given that they were consolidated into a single judgment. Furthermore, such error was obvious and affected the fairness, integrity, or public reputation of judicial proceedings. In this case, the error reflected a basic misunderstanding of the state sentencing scheme under which defendant was sentenced. Therefore, the court vacated and remanded for resentencing.
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