Last week the Tenth Circuit took the rare step to rehear a criminal case en banc. The en banc proceedings will address how probation violations should be handled at resentencing.
Most federal appeals are decided by three-judge panels. Full-court review by all active judges is uncommon, especially in the Tenth Circuit. The Circuit receives roughly 190 petitions for rehearing en banc each year—and grants fewer than one on average.
The case is notable because it could revisit and potentially overturn recent circuit precedent. The defendant is arguing that the current resentencing framework places the Tenth Circuit out of step with other federal circuits, raising broader questions about uniformity and fairness at sentencing.
Read More Here: U.S. v. Seals