Be Careful What You (Don’t) Ask For Before Sentencing

Law360, New York (January 3, 2013, 6:29 PM EST) -- On Nov. 21, 2012, the Fifth Circuit Court of Appeals held that the federal district courts have limited authority to modify final judgments in criminal cases. In USA v. Murray, No. 11-20622, Oct. 30, 2012 and revised Nov. 21, 2012, the court reversed the United States District Court for the Southern District of Texas in its ruling that it could reopen three sentences it had imposed earlier to add a requirement that the defendants make restitution to the victims of their crimes.

In 2006, the defendants,...
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