When resentencing a defendant, a court has the authority to consider what happened before and after the original sentence was imposed, a New York federal judge has ruled. Acting pursuant to the Supreme Court's January United States v. Booker ruling that upset the federal sentencing guidelines and a subsequent ruling from the 2nd Circuit, Judge Harold Baer Jr. issued a broad interpretation of facts that can be considered in resentencing.
N.Y. Judge Says Courts May Weigh Range of Facts for Resentencing
New York Law Journal
May 31, 2005