UNITED STATES OF AMERICA v. BRENDA MONTGOMERY - Articles

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UNITED STATES OF AMERICA v. BRENDA MONTGOMERY

Posted by: Karen Belcher on Aug 5, 2020

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ON PETITION FOR PANEL REHEARING: Richard W. Westling, Clay Lee, EPSTEIN, BECKER & GREEN, P.C., Nashville, Tennessee, for Appellant.

Attorneys 2: ON RESPONSE: Javier A. Sinha, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee.

Judge(s): MOORE, SUTTON, and WHITE, Circuit Judges

Court Appealed: United States District Court for the Middle District of Tennessee at Nashville

KAREN NELSON MOORE, Circuit Judge. We deny panel rehearing in this case. We write, however, to observe that Brenda Montgomery raised an interesting argument for the first time in her petition for panel rehearing, after we already had rendered our decision denying her request for resentencing.

Again, though, Montgomery failed to raise this argument in her initial briefing and has brought it to our attention only on petition for panel rehearing. Unfortunately for Montgomery, her argument came too late and is inappropriate for our consideration at this stage. Therefore, we must stand by our original reasoning and disposition in this case, and we write simply to voice our skepticism that a standard sentencing colloquy like the one at issue here should weigh into our harmless-error analysis in future cases.

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