United States v. Malki, No. 12-3167 (2d Cir. 2013)
Annotate this CaseDefendant appealed from a sentence imposed by the district court for retaining classified documents without authorization. The court vacated defendant's sentence and remanded for resentencing. At issue here was whether the case was remanded for a limited or a de novo resentence. The court concluded that the remand was for a limited sentencing and the district court shall resentence defendant by recalculating the Guidelines range without the two-level enhancement for abuse of a position of trust, and without re-litigating issues previous waived or abandoned by the parties, or decided by this or the prior panel.
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