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Greenlaw v. United States : ウィキペディア英語版 | Greenlaw v. United States
''Greenlaw v. United States'', , was a United States Supreme Court case in which the Court held that a federal appeals court may not ''sua sponte'' increase a defendant's sentence unless the government first files a notice of appeal. == Background == Greenlaw had been charged in federal district court in Minnesota with eight counts related to his participation in gang-related sales of crack cocaine in a neighborhood on the south side of Minneapolis. Two of these crimes were for violating , which provides for a mandatory consecutive sentence for those who use firearms during or in relation to a drug crime. The mandatory consecutive sentence amounts to 25 years if the defendant suffers a second or subsequent conviction under § 924(c). The district court made an error at sentencing when it overlooked the holding in ''Deal v. United States'', , that the 25-year mandatory consecutive sentence is triggered even if the defendant's two § 924(c) convictions come from the same criminal case. The district court computed Greenlaw's sentence at 262 months, then added 120 months for the two separate "first-time" § 924(c) convictions. Greenlaw appealed his sentence, but the Government did not. Greenlaw argued that his sentence was unreasonably long; the Government pointed out the district court's computation error only to indicate that his sentence was unreasonably short. The Eighth Circuit rejected all of Greenlaw's arguments in favor of a reduced sentence. Relying on the "plain error" rule of Fed. R. Crim. P. 52(c), ''see also United States v. Olano'', , the Eighth Circuit ordered the district court to impose the 25-year mandatory consecutive sentence for a second § 924(c) conviction. Greenlaw asked the U.S. Supreme Court to review the case.
抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Greenlaw v. United States」の詳細全文を読む
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