Opinion
Case No. 6:06-cr-237-Orl-31DAB.
May 17, 2011
ORDER
This cause came on for consideration without oral argument on the following motion filed herein:
MOTION: MOTION TO VACATE JUDGMENT ON REMAND AND SET CASE FOR RESENTENCING HEARING (Doc. No. 86) FILED: April 29, 2011 THEREON ORDERED DENIED.
_________________________________________________ it is that the motion is The Circuit Court remanded this case with a specific mandate to impose a sentence of 30 years' imprisonment. (Doc. 75). This Court complied with the mandate by entering its judgment. (Doc. 86). This Court was given no discretion upon remand, and a further sentencing proceeding would be superfluous. Pepper v. United States, 131 S.Ct. 1229 (2011) is inapplicable, given the limited remand. The Court also notes that the Defendant did not argue that he had a right to be present for any resentencing, instead solely relying on Pepper. DONE and ORDERED in Chambers in Orlando, Florida on May 16, 2011.