United States v. Washington
United States v. Washington
Opinion of the Court
Tony Ray Washington appeals the sentence imposed on remand for resentencing
Washington may not bring a vindictiveness claim because his sentence on remand is lower than his original sentence. See United States v. Moore, 997 F.2d 30, 38 (5th Cir. 1993). Washington’s argument regarding the increase in his total offense level, which is based on the Supreme Court’s decision in Blakely v. Washington, -U.S.-,-, 124 S.Ct. 2531, 2537, 159 L.Ed.2d 403 (2004), is foreclosed by this court’s decision in United States v. Pineiro, 377 F.3d 464, 465-66 (5th Cir. 2004), petition for cert. filed, (U.S. July 14, 2004) (No. 03-30437). The “law of the case” doctrine precludes review of his remaining arguments. See United States v. Becerra, 155 F.3d 740, 752 (5th Cir. 1998). Accordingly, the judgment is AFFIRMED.
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.