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Monday, December 21, 2015
Ind. Decisions - 7th Circuit decides one Indiana case today
In Frederick Garner v. USA (SD Ind., McKinney), a 5-page opinion (combined with USA v. Frederick Garner), Chief Judge Wood writes:
As this brief account reveals, this case turned into an unnecessary procedural snarl. The fundamental problem is simple: Garner won everything he could receive in his § 2255 proceeding. The fact that the district court accepted one reason for that outcome and rejected another is of no importance. What matters is the judgment, and once the court ordered a full resentencing, that is what Garner should have received. * * *
For the reasons we have already stated, we VACATE the new criminal sentence and REMAND this case to the district court for full resentencing, at which both sides will be free to present all their arguments.
Posted by Marcia Oddi on December 21, 2015 03:25 PM
Posted to Ind. (7th Cir.) Decisions