TUCKER
v.
TENNESSEE

U.S. | 1963-03-25
No. 878
372 U.S. 955 Supreme Court of the United States (1963) Positive Treatment
Cited by 1 case

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  • United States v. Ellenbogen, 390 F.2d 537 (2d Cir. 1968)
    …(1967 Supp. at 89). . This does not affect or limit the power of the reviewing court to remand a case to a lower court for a specific purpose while an appeal is pending. See Morgan [*543] v. United States, 303 F. 2d 647 (9 Cir. 1962), cert. denied 372 U.S. 955, 83 S.Ct. 953, 9 L.Ed.2d 979 (1963); United States v. Habib, supra, 72 F. 2d at 272; and compare Federal Rules of Criminal Procedure, Rule 33. See also United States v. Desist, 384 F. 2d 889 (2 Cir.1967). . Ellenbogen argues that his sentence of on…

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