Kerry Vanderpool v. United States
DueProcess
Does the plain language of 18 U.S.C. § 3742(f) deprive the federal Courts of Appeals of jurisdiction to vacate a sentence when it is uncontested that the sentence is reasonable and legal under the applicable guidelines?
QUESTIONS PRESENTED 1. Does the plain language of 18 U.S.C. § 3742(f) deprive the federal Courts of Appeals of jurisdiction to vacate a sentence when it is uncontested that the sentence is reasonable and legal under the applicable guidelines? 2. When a defendant has been convicted of two separate offenses, and one of them is declared constitutionally invalid, does a district court violate the defendant’s due process rights by invoking the “sentencing package” doctrine to justify resentencing the defendant to an increased prison term on the surviving count? i