What is the proper remedy for a conviction overturned due to a "conviction error"?
MultiRegion, United States of America
The following excerpt is from United States v. Khalil, 857 F.3d 137 (2nd Cir. 2017):
"[W]hen a count of conviction is overturned due to a conviction error, the proper remedy is de novo resentencing, except in circumstances not applicable here." United States v. Natal , 849 F.3d 530, 538 (2d Cir. 2017) (per curiam) (citing United States v. Powers , 842 F.3d 177, 17981 (2d Cir. 2016) (per curiam)). Therefore, on remand, Khalil must be resentenced de novo .
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