Opinion

United States v. Brown

  • 96 F. App'x 881
Court
Court of Appeals for the Fourth Circuit
Filed
May 11, 2004
Status
Published
On the bench
Hamilton, Niemeyer, Wilkinson
Cited by
2 cases
Authority
More cited than 47.5%

The opinion

PER CURIAM:

Timothy Earl Brown appeals the district court’s order declining to grant a downward sentencing departure, following this Court’s limited remand. The sole conten *882 tion Brown pursues on appeal is that he was entitled to a new sentencing hearing upon remand so that he could be present during resentencing and be given an opportunity to allocute. We conclude that a new sentencing hearing was unnecessary to decide the issue on remand. Accordingly, we affirm the district court’s order upon remand. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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