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Crack _BEST_ No Cd Para Max Payne 1


We will, however, vacate Payne's sentences of life imprisonment, with a direction to the district court to conduct a new sentencing hearing before a different district judge. After giving effect to the requirements of this opinion, the remaining sentences will therefore be vacated, and the case will be remanded for resentencing. The new district judge will have the power to take into consideration, and exercise discretion in considering, all mitigating circumstances (including any information that Payne now has or that may come to his attention), including those considered by the district judge who was presiding at Payne's trial, as well as the circumstances previously considered by the district judge who imposed the original sentences, or by this Court on appeal. The district court, in considering any such mitigating circumstances, may also take into account any additional or other information that it may consider proper. (We do not intend to suggest, of course, that a new district judge may not impose the same sentences that had previously been imposed on Payne by the original sentencing judge.)




Crack No Cd Para Max Payne 1



In preparation for resentencing, the district court has discretion to require Payne to present any additional information in mitigation that he may have, and to conduct the resentencing hearing in the absence of the jury.


On August 15, 2014, the district court, at Payne's request, scheduled the resentencing hearing to be conducted in the absence of the jury. Payne, who at trial was represented by Joseph Clendenin, Jr., appeared pro se at the resentencing hearing. Payne presented the district court with numerous letters seeking leniency (see S.Tr.25-36). Prior to the resentencing hearing, Payne had, through a prison friend and his appointed lawyer, filed a letter requesting that the district court find that various letters that he had written to the district court in his own behalf since the initial sentencing, and during his other legal proceedings, had been withheld and not made available to the court (see S.Tr.36-37).


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