United States v. Ventura

Second Circuit

United States v. Ventura

20 F. App'x 729

CourtCourt of Appeals for the Second Circuit

DecidedOctober 11, 2001

DocketNo. 00-10158; D.C. No. CR-97-05233-REC

StatusPublished

This text of 20 F. App'x 729 (United States v. Ventura) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Ventura, 20 F. App'x 729 (2d Cir. 2001).

Pincite

Opinion

MEMORANDUM

*

The government concedes the district court’s error in applying a statute not in effect at the time of the offenses of which Ventura was convicted, but argues that he waived this issue by not preserving it in his first appeal. Ventura’s resentencing on remand from that appeal, however, was a new proceeding and, as the government acknowledged at argument, the district court was free to decline to enter a restitution award. Ventura was not required to anticipate that the district court might fail to apply the proper statute and his counsel adequately preserved the position that restitution should be subject to the terms of the prior version of the statute.

VACATED and REMANDED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

Free access — add to your briefcase to read the full text and ask questions with AI

MEMORANDUM

*

The government concedes the district court’s error in applying a statute not in effect at the time of the offenses of which Ventura was convicted, but argues that he waived this issue by not preserving it in his first appeal. Ventura’s resentencing on remand from that appeal, however, was a new proceeding and, as the government acknowledged at argument, the district court was free to decline to enter a restitution award. Ventura was not required to anticipate that the district court might fail to apply the proper statute and his counsel adequately preserved the position that restitution should be subject to the terms of the prior version of the statute.

VACATED and REMANDED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

Cite This Page — Counsel Stack

Bluebook (online)

20 F. App'x 729, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-ventura-ca2-2001.