Fraud, Embezzlement, Bad Checks Will I be present at my resentencing?

[sacrificialgoat3]

A new sentence will be imposed on me.
My question is,will my personal presence be required at Court for the resentencing?
On direct appeal the Judge's finding was:
"WE AFFIRM the conviction,but VACATE the impossing of a six-level multiple-victims enhancement,USSG 2B!.1 and REMAND for RESENTENCING."
My other question is,does this Judge's order call for a Modification,a Correction,a Reduction,a New Sentence,a General Remand,a Limited Remand or what?

Thank you.

 

[army judge]

A new sentence will be imposed on me.
My question is,will my personal presence be required at Court for the resentencing?
On direct appeal the Judge's finding was:
"WE AFFIRM the conviction,but VACATE the impossing of a six-level multiple-victims enhancement,USSG 2B!.1 and REMAND for RESENTENCING."
My other question is,does this Judge's order call for a Modification,a
Correction,a Reduction,a New Sentence,a General Remand,a Limited Remand or what?

Thank you.

Rarely is anyone sentenced in the USA in absentia.



Defendants in criminal proceedings, notwithstanding a few rare and odd exceptions, have a constitutional right to be present at ALL proceedings affecting them.


That said, defendants can sometimes waive their constitutionally protected right to be present.

You asked, on the other hand, "will you be present at your sentencing"?

That implies do you have the ability (as contrasted with the RIGHT) to be present.

In any case, yes, you have a right to be present at your resentencing.

If you weren't allowed to be present (which implies the right to be HEARD), other rights and constitutionally protected and guaranteed rights could be trampled.

Good luck!

 

[army judge]

I haven't read the appellate decision.

However, based on your restatement of the decision, I would guess the remand is very narrow. By narrow I mean, limited.

It appears that the trial judge erred in pronouncing your sentence. All I can say is that it appears the appellate court saw an error in the length of your former sentence.

Was it too long? I can't say. I don't want to speculate. I can say that it appears you will be resentenced. To do that implies you can be heard.

Again, good luck.