At page 866 Applying law of the case doctrine to remand proceedings113 citing cases“the law of the case doctrine prevents the relitigation of a settled issue in a case and requires courts to adhere to decisions made in earlier proceedings in order to ensure uniformity of decisions, protect the expectations of the parties, and promote judicial economy.”
- Rocketpower, Inc. v. Strio Consulting, Inc., No. 0:19-cv-01928 (D. Minn. Oct. 29, 2019).(The law of the case doctrine prevents the relitigation of a settled issue in a case and requires courts to adhere to decisions made in earlier proceedings in order to ensure uniformity of decisions, protect the expecta…)
- United States v. Ivory Mosby, Also Known as Rafiq Zareef Muhaymin, 101 F.3d 1278 (8th Cir. 1996).published(The law of the case doctrine prevents the relitigation of a settled issue in a case and requires courts to adhere to decisions made in earlier proceedings in order to ensure uniformity of decisions, protect the expecta…)
- Dukeman, No. 1:24-cv-00149 (E.D. Mo. Apr. 23, 2026).(The law of the case doctrine prevents the relitigation of a settled issue in a case and requires courts to adhere to decisions made in earlier proceedings in order to ensure uniformity of decisions, protect the expecta…)
- Lori Chavez-DeRemer v. Alpha & Omega USA, Inc., No. 23-3170 (8th Cir. Apr. 14, 2025).unpublished“When an appellate court remands a case to the district court, all issues decided by the appellate court become the law of the case, and the district court on remand must adhere to any limitations imposed on its function . . . by the appel…
- H & T Fair Hills, Ltd. v. All. Pipeline L.P., No. 0:19-cv-01095 (D. Minn. Nov. 22, 2024).Alliance responded that Plaintiffs’ motion should be denied for four reasons: (1) the Court lacks authority to revise the Eighth Circuit’s decision; (2) “the Eighth Circuit’s holding and direction are not affected by” Spizzirri; (3) “Spizz…
- Does v. Little Rock Sch. Dist., No. 4:23-cv-00176 (E.D. Ark. Sept. 6, 2024).“This doctrine ‘requires courts to adhere to decisions made in earlier proceedings in order to ensure uniformity of decisions, protect the expectations of the parties, and promote judicial economy.’” Murphy v. FedEx Nat'l LTL, Inc., 618 F.…
- United States v. Duane Worthington, 89 F.4th 1058 (8th Cir. 2024).publishedCounts Three and Four were to be served consecutive to each other and to Counts One and Two. -6- It is fundamental that “inferior tribunals are bound to honor the mandate of superior courts within a single judicial system.” United States v…
- Thomas v. Comm'r of Soc. Sec., No. 6:20-cv-02088 (N.D. Iowa Mar. 28, 2023).The law-of-the-case doctrine “prevents the relitigation of a settled issue in a case and requires courts to adhere to decisions made in earlier proceedings in order to ensure uniformity of decisions, protect the expectations of the parties…
- Hopkins v. Jegley, No. 4:17-cv-00404 (E.D. Ark. Jan. 5, 2021).See In re Tri-State Financial, LLC, 885 F.3d 528, 533 (8th Cir. 2018); Grass v. Reitz, 749 F.3d 738, 741-42 (8th Cir. 2014); United States v. Bartsh, 69 F.3d 864, 866 (8th Cir. 1995).
- Marlin v. Boston Sci. Corp., No. 8:20-cv-00181 (D. Neb. Oct. 9, 2020).The Court finds that Dr. Eilber is qualified to opine as to whether the DFU adequately warned of the injuries Marlin alleged and therefore denies Marlin’s motion in this respect. 1 The law-of-the-case doctrine “requires courts to adhere to…
Show 93 more citing cases
- Kelley v. Safe Harbor Managed Account 101, Ltd., No. 0:20-cv-00642 (D. Minn. Oct. 6, 2020).LTL, Inc., 618 F.3d 893, 905 (8th Cir. 2010) (quoting United States v. Bartsh, 69 F.3d 864, 866 (8th Cir. 1995).
- Greene Cnty. Tech Sch. Dist. v. Doe, No. 3:17-cv-00047 (E.D. Ark. June 1, 2020).“This doctrine ‘requires courts to adhere to decisions made in earlier proceedings in order to ensure uniformity of decisions, protect the expectations of the parties, and promote judicial economy.’” Murphy v. FedEx Nat’l LTL, Inc., 618 F.…
- Feinwachs v. HealthPartners, Inc., No. 0:11-cv-00008 (D. Minn. Apr. 5, 2019).United States v. Bartsh, 69 F.3d 864, 866 (8th Cir. 1995).
- United States v. 2035 Inc., No. 5:14-cv-05075 (D.S.D. Nov. 30, 2017).LEGAL STANDARD The law of the case doctrine is “a means to prevent the relitigation of a settled issue in a case.” Gander Mountain Co. v. Cabela’s, Inc., 540 F.3d 827, 830 (8th Cir. 2008) (citing United States v. Bartsh, 69 F.3d 864, 866 (…
- West Virginia Pipe Trades Health & Welfare Fund v. Medtronic, Inc., 845 F.3d 384 (8th Cir. 2016).published“The law of the case doctrine prevents the relitigation of a settled issue in a case and requires courts to adhere to decisions made in earlier proceedings.... ” United States v. Bartsh, 69 F.3d 864, 866 (8th Cir. 1995).
- Theresa Aguiniga v. Carolyn W. Colvin, 833 F.3d 896 (8th Cir. 2016).publishedIn an order dated July 9, 2013, the Appeals Council very clearly states that it “hereby vacates the final decision of the Commissioner of Social Security and remands this case to an Administrative Law Judge for further proceedings consiste…
- United States v. Bryan Binkholder, 832 F.3d 923 (8th Cir. 2016).published In my view, then, the district court properly interpreted our mandate and faithfully applied it by recognizing M.U. as a victim under the Guidelines and including M.U.’s losses when calculating Binkholder’s advisory sentencing guidelines r…
- United States v. Antonio Shaw, 597 F. App'x 398 (8th Cir. 2015).unpublished(when appellate court remands case, “all issues decided by the appellate court become the law of the case” and may not be relitigated)
- United States v. Damon O'Neil, 595 F. App'x 665 (8th Cir. 2015).unpublishedThis issue, however, not only falls outside the scope of our remand order, see O’Neil, 549 Fed.Appx. at 596 , but we rejected a sufficiency of-the-evidence challenge in the first appeal; the issue is therefore not properly before us, see U…
- Stalnaker v. Allison (In re Tri-State Fin., LLC), 526 B.R. 311 (Bankr. D. Neb. 2015).publishedThe law of the case doctrine "prevents the relitigation of a settled issue in a case and requires courts to adhere to decisions made in earlier proceedings in order to ensure uniformity of decisions, protect the expectations of the parties…
- United States v. Russell Marks, 768 F.3d 1215 (8th Cir. 2014).publishedBecause we previously decided that Marks did not make a substantial threshold showing that the government relied on an improper factor in declining to file a Rule 35(b) motion, we will not revisit that decision “unless a party introduces e…
- Walstad v. Walstad, 2013 ND 176, 837 N.W.2d 911.published This Court “retain[s] the authority to decide whether the district court scrupulously and fully carried out our mandate’s terms.” Burekhard, at ¶ 7 (quoting United States v. Bartsh, 69 F.3d 864, 866 (8th Cir.1995)). [¶ 10] In remanding the…
- In Re Washington, 468 B.R. 846 (Bankr. W.D. Mo. 2011).publishedIn her bankruptcy schedules, Washington valued the property at $250,000. [3] Fed.R.Civ.P. 56(c). [4] See Enterprise Bank v. Magna Bank of Missouri, 92 F.3d 743, 747 (8th Cir. 1996). [5] See United States v. Bartsh, 69 F.3d 864, 866 (8th Ci…
- United States v. Bloate, 655 F.3d 750 (8th Cir. 2011).published“The law of the case doctrine prevents the relitigation of a settled issue in a case and requires courts to adhere to decisions made in earlier proceedings in order to ensure uniformity of decisions, protect the expectations of the parties…
- United States v. Wisecarver, 644 F.3d 764 (8th Cir. 2011).published“When an appellate court remands a case to the district court, all issues decided by the appellate court become the law of the case, and the district court on remand must ‘adhere to any limitations imposed on its function ... by the appell…
- Murphy v. FedEx Nat'l LTL, Inc., 618 F.3d 893 (8th Cir. 2010).publishedThis doctrine “requires courts to adhere to decisions made in earlier proceedings in order to ensure uniformity of decisions, protect the expectations of the parties, and promote judicial economy.” United States v. Bartsh, 69 F.3d 864, 866…
- Myers v. Raynor (In Re Raynor), 617 F.3d 1065 (8th Cir. 2010).publishedThe law of the case “prevents the relitigation of a settled issue in a ease and requires courts to adhere to decisions made in earlier proceedings in order to ensure uniformity of decisions, protect the expectations of the parties, and pro…
- SUnited Statesn Sherry Sabhari v. Denise Frazier, 387 F. App'x 672 (8th Cir. 2010).unpublished“The doctrine ‘requires courts to adhere to decisions made in earlier proceedings in order to ensure uniformity of decisions, protect the expectations of the parties, and promote judicial economy.’” Id. (quoting United States v. Bartsh, 69…
- United States v. Castellanos, 608 F.3d 1010 (8th Cir. 2010).publishedLaw of the Case and the Mandate Rule “ ‘Law of the case terminology is often employed to express the principle that inferior tribunals are bound to honor the mandate of superior courts within a single judicial system.’ ” United States v. B…
- Yankton Sioux Tribe v. Podhradsky, 606 F.3d 994 (8th Cir. 2010).publishedUnder the law of the case doctrine, “a decision in a prior appeal is followed in later proceedings unless a party introduces substantially different evidence, or the pri- or decision is clearly erroneous and works a manifest injustice.” Un…
- United States v. Winters, 600 F.3d 963 (8th Cir. 2010).publishedAbsent a change in the governing law, when a case is remanded for further proceedings, the appellate mandate must be followed “unless a party introduces substantially different evidence, or the prior decision is clearly erroneous and works…
- Glenn Waite v. Douglas DeLair, 334 F. App'x 791 (8th Cir. 2009).unpublished(law-of-the-case doctrine prevents relitigation of settled issue in case and requires courts to adhere to decisions made in earlier proceedings)
- President Casinos, Inc. v. Columbia Sussex Corp. (In Re President Casinos, Inc.), 419 B.R. 394 (E.D. Mo. 2009).published([A] decision in a prior appeal is followed in later proceedings unless a party introduces substantially different evidence, or the prior decision is clearly erroneous and works a manifest injustice.)
- Yankton Sioux Tribe v. Podhradsky, 577 F.3d 951 (8th Cir. 2009).publishedUnder the law of the case doctrine, “a decision in a prior appeal is followed in later proceedings unless a party introduces substantially different evidence, or the pri- or decision is clearly erroneous and works a manifest injustice.” Un…
- Yankton Sioux Tribe v. Scott Podhradsky, No. 08-1441 (8th Cir. Aug. 25, 2009).publishedUnder the law of the case doctrine, “a decision in a prior appeal is followed in later proceedings unless a party introduces substantially different evidence, or the prior decision is clearly erroneous and works a manifest injustice.” Unit…
- Vander Molen v. Astrue, 630 F. Supp. 2d 1010 (S.D. Iowa 2009).publishedIn this review, Vander Molen argues the ALJ exceeded his authority because the “law-of-the-case” doctrine prevented the ALJ on remand from redetermining Vander Molen’s RFC. *1015 “The law of the case doctrine prevents the relitigation of a…
- Little Rock Sch. Dist. v. North Little Rock Sch. Dist., 561 F.3d 746 (8th Cir. 2009).published United States v. Bartsh, 69 F.3d 864, 866 (8th Cir.1995).
- Gander Mountain Co. v. Cabela's, Inc., 540 F.3d 827 (8th Cir. 2008).published United States v. Bartsh, 69 F.3d 864, 866 (8th Cir. 1995).
- United States v. Tony Skannell, 282 F. App'x 509 (8th Cir. 2008).unpublished(under law-of-case doctrine, decision in prior appeal is followed in later proceedings unless party introduces substantially different evidence, or prior decision is clearly erroneous and works manifest injustice)
- United States v. Mitchell, 528 F.3d 1034 (8th Cir. 2008).published United States v. Bartsh, 69 F.3d 864, 866 (8th Cir.1995).
- United States v. Clarence Stevens, 260 F. App'x 945 (8th Cir. 2008).unpublished(explaining the law of the case prevents relitigation of settled issues and requires courts to adhere to decisions made in earlier proceedings to ensure uniformity, protect expectations, and promote judicial economy)
- Checkett v. Sutton (In Re Sutton), 365 B.R. 900 (B.A.P. 8th Cir. 2007).published “The law of the case doctrine prevents the relitigation of a settled issue in a case and requires courts to adhere to decisions made in earlier proceedings in order to ensure uniformity of decisions, protect the expectations of the parties…
- United States v. Kenneth Lee Johnson, 218 F. App'x 550 (8th Cir. 2007).unpublished(law-of-case doctrine prevents relitigation of settled issues in case and requires courts to adhere to decisions made in earlier proceedings)
- United States v. Russell Hodge, No. 05-3633 (8th Cir. Nov. 22, 2006).publishedWhen a sentence is vacated and remanded to the district court for resentencing, "'all issues decided by the appellate court become the law of the case,' and the sentencing court is bound to proceed within the scope of 'any limitations impo…
- United States of Am., Appellee/cross-Appellant v. Russell James Hodge, Also Known as Rusty Hodge, Appellant/cross-Appellee, 469 F.3d 749 (8th Cir. 2006).publishedWhen a sentence is vacated and remanded to the district court for resentencing, “ ‘all issues decided by the appellate court become the law of the case,’ and the sentencing court is bound to proceed within the scope of ‘any limitations imp…
- United States v. Duane Huber, 462 F.3d 945 (8th Cir. 2006).publishedUnited States v. Bartsh, 69 F.3d 864, 866 (8th Cir.1995).
- United States v. Huber, 462 F.3d 945 (8th Cir. 2006).publishedUnited States v. Bartsh, 69 F.3d 864, 866 (8th Cir.1995).
- United States v. John Russell Brown, 70 F.3d 979 (8th Cir. 1995).published
- United States v. Lavandris Johnson, 77 F.3d 486 (8th Cir. 1996).unpublished
- United States v. Timothy Edward Graham, 97 F.3d 1145 (8th Cir. 1996).published
- United States v. John D. Behler, 100 F.3d 632 (8th Cir. 1996).published
- Shelby Harris v. Kathleen Krupp C. Kirsh, 111 F.3d 135 (8th Cir. 1997).unpublished
- United States v. Arthur A. Blumeyer, Iii, United States of Am. v. John W. Peckham, Jr., 114 F.3d 758 (8th Cir. 1997).published
- Peter C. BRACHTEL, Appellant, v. Kenneth S. APFEL, Comm'r of Soc. Sec. Comm'n, Appellee, 132 F.3d 417 (8th Cir. 1997).published
- United States v. Calvin Porter, 133 F.3d 923 (8th Cir. 1998).unpublished
- United States v. Allen Henry McKinney, 141 F.3d 1171 (8th Cir. 1998).unpublished
- Elke STEAHR, Plaintiff-Appellant, v. Kenneth S. APFEL, Comm'r of Soc. Sec., Defendant-Appellee, 151 F.3d 1124 (8th Cir. 1998).published
- United States Fid. & Guar. Co., a Corp. v. Concrete Holding Co., Formerly Known as St. Charles Quarry Co., Doing Bus. as Defiance Quarry, Doing Bus. as Kurtz Concrete, Inc., Doing Bus. as Goellner Redi-Mix, Inc., a Corp. St. Charles Cnty. Sanitary Landfill, Inc., an Administratively-Dissolved Corp. Quarry Holding Co., a Voluntarily-Dissolved Corp. v. John J. Barnes, Jr. Quarry Holding Co., Third Party John J. Barnes, Jr. Quarry Holding Co. James P. Davis Quarry Dev. Co. Cmty. Title Co., Cross Concrete Holding Co., Third Party v. James P. Davis, Individually, & as Statutory & Common Law Tr. for Quarry Holding Co. Quarry Dev. Co. Cmty. Title Co., Third Party, 168 F.3d 340 (3d Cir. 1999).published
- United States v. Jimmy Lee Stuckey, Jr., 255 F.3d 528 (8th Cir. 2001).published
- Anr W. Coal Dev. Co. v. Basin Elec. Power Coop., 276 F.3d 957 (8th Cir. 2002).published
- United States v. John L. Palmer, United States of Am. v. James O. Cashaw, Also Known as J.C., United States of Am. v. Harold J. Jones, Also Known as Jeff Jones, 297 F.3d 760 (8th Cir. 2002).published
- United States v. Lenora Logan, United States of Am. v. Keith Maynie, 333 F.3d 876 (8th Cir. 2003).published
- United States v. Dietrick Lavon Banks, 333 F.3d 884 (8th Cir. 2003).published
- United States v. Daniel Lewis Lee, Also Known as Daniel Lewis Graham, Also Known as D L Graham, Also Known as Danny Lee, 374 F.3d 637 (8th Cir. 2004).published
- United States of Am., Appellee/cross-Appellant v. Kevin Manfre, Appellant/cross-Appellee, 456 F.3d 871 (8th Cir. 2006).published
- United States v. William T. Carter, 490 F.3d 641 (8th Cir. 2007).published
- Harrington v. City of Council Bluffs, Iowa, 678 F.3d 676 (8th Cir. 2012).published
- State v. Burckhard, 1999 ND 64, 592 N.W.2d 523.published
- Halbert v. Taunt (In Re M.T.G., Inc.), 291 B.R. 694 (E.D. Mich. 2003).published
- Audio Odyssey, Ltd. v. United States, 243 F. Supp. 2d 951 (S.D. Iowa 2003).published
- Kemin Foods, L.C. v. Pigmentos Vegetales Del Centro S.A. De C.V., 384 F. Supp. 2d 1334 (S.D. Iowa 2005).published
- In Re Wireless Tel. Fed. Cost Recovery Fees Litig., 343 F. Supp. 2d 838 (W.D. Mo. 2004).published
- Dethmers Mfg. Co. v. Automatic Equip. Mfg. Co., 299 F. Supp. 2d 903 (N.D. Iowa 2004).published
- Shelby Harris v. Kathleen Krupp, No. 96-1024 (8th Cir. Mar. 31, 1997).unpublished
- United States v. Arthur Blumeyer, III, No. 96-3003 (8th Cir. June 2, 1997).published
- Peter C. Brachtel v. Kenneth S. Apfel, No. 97-1478 (8th Cir. Dec. 18, 1997).published
- United States v. Allen H. McKinney, No. 97-3609 (8th Cir. Apr. 17, 1998).unpublished
- Elke Steahr v. Kenneth S. Apfel, No. 97-4090 (8th Cir. Aug. 24, 1998).published
- United States v. Simon Frank Weise, No. 98-1689 (8th Cir. Jan. 20, 1999).unpublished
- Concrete Holding Co. v. James P. Davis, No. 98-2859 (8th Cir. Feb. 10, 1999).published
- United States v. Roderick S. Pipes, No. 98-3959 (8th Cir. Dec. 20, 1999).unpublished
- United States v. Frederick McKnight, No. 99-4089 (8th Cir. Dec. 7, 2000).unpublished
- United States v. Raymond Campbell, 2 F. App'x 598 (8th Cir. 2001).unpublished
- United States v. Ronald Mitchell, 2 F. App'x 634 (8th Cir. 2001).unpublished
- United States v. Aaron M. Deroo, 13 F. App'x 436 (8th Cir. 2001).unpublished
- ANR W. Coal Dev. Co. v. Basin Elec. Power Coop., 276 F.3d 957 (8th Cir. 2002).published
- United States v. John L. Palmer, 297 F.3d 760 (8th Cir. 2002).published
- United States v. Shawn Smith, 61 F. App'x 1001 (8th Cir. 2003).unpublished
- United States v. Lenora Logan, No. 02-1928 (8th Cir. June 27, 2003).published
- United States v. Donnie R. Long, 88 F. App'x 150 (8th Cir. 2004).unpublished
- United States v. Marvin L. Swick, 87 F. App'x 11 (8th Cir. 2004).unpublished
- Valentino Maghee v. John Ault, 153 F. App'x 982 (8th Cir. 2005).unpublished
- United States v. Kevin Manfre, No. 05-3377 (8th Cir. Aug. 8, 2006).published
- United States v. Donald Daye Storer, 199 F. App'x 593 (8th Cir. 2006).unpublished
- United States v. Leonard Bieri, III, 301 F. App'x 575 (8th Cir. 2008).unpublished
- United States v. Joseph Porrello, 350 F. App'x 91 (8th Cir. 2009).unpublished
- United States v. Aaron Webster, 820 F.3d 944 (8th Cir. 2016).published
- United States Fid. & Guar. Co. v. Concrete Holding Co., 168 F.3d 340 (8th Cir. 1999).published
- Washington v. Deutsche Bank Nat'l Trust Co., 468 B.R. 846 (Bankr. W.D. Mo. 2011).published
- Hopkins v. Jegley, No. 4:17-cv-00404 (E.D. Ark. Dec. 22, 2020).
- Marshall v. Anderson Excavating & Wrecking Co., No. 8:14-cv-00096 (D. Neb. Aug. 21, 2019).
- Minnesota RFL Caucus v. Mary Moriarty, 108 F.4th 1035 (8th Cir. 2024).published
- United States v. Cristobal Palomerez-Heredia, No. 24-3286 (8th Cir. Apr. 30, 2025).unpublished
v.
Thomas Chisolm BARTSH, Defendant-Appellant
Appellant Thomas Bartsh pleaded guilty to a two-count indictment charging him with interstate transportation of embezzled money in violation of 18 U.S.C. § 2314 (1988) and embezzlement by a court receiver in violation of 18 U.S.C. § 645 (1988). [1] We affirmed his sentence in United States v. Bartsh, 985 F.2d 930 (8th Cir.1993), cert. denied, — U.S. —, 114 S.Ct. 1204, 127 L.Ed.2d 551 (1994) (Bartsh I). We subsequently granted his petition for rehearing in part and remanded the case to the district court in order to recalculate the amount of restitution due. United States v. Bartsh, 7 F.3d 114 (8th Cir.1993) (Bartsh II). Bartsh now appeals his sentence [2] again. We have jurisdiction pursuant to 18 U.S.C. § 3742 (1988), and we affirm.
1. BACKGROUND
In December of 1982, Bartsh was appointed as receiver in the civil case In Re Flight Transportation Corporation Securities Litigation, Master Docket No. 4r-82-874. In 1987, Bartsh began embezzling money from the FTC estate. As a result, Bartsh was charged with and pleaded guilty to interstate transportation of embezzled money in violation of 18 U.S.C. § 2314 and embezzlement by a court receiver in violation of 18 U.S.C. § 645. The original PSR calculated that Bartsh had misappropriated a total of $1,320,622.38. The PSR also held Bartsh responsible for $243,855.14 in lost interest, placing the total amount of loss at $1,564,-517.52.
Bartsh’s total offense level and criminal history category placed him in the 24-30 months imprisonment range under the United States Sentencing Guidelines. The original sentencing court, however, found the two-level abuse of trust enhancement available under USSG § 3B1.3 inadequate to reflect Bartsh’s abuse of his position as an appointed federal officer and departed upward, sentencing Bartsh to 72 months imprisonment, three years of supervised release, and ordering him to pay $1,064,517.52 in restitution.
Bartsh appealed his sentence, claiming that the district court failed to make specific findings of fact regarding the amount of loss, that the amount of loss should not have included lost interest, that the amount of restitution was erroneous, and that the original sentencing court erred in departing upward from the sentencing guideline range. This court affirmed Bartsh’s sentence and restitution order in all respects in Bartsh I, 985 F.2d at 932-35. We subsequently grant[*866] ed Bartsh’s petition for rehearing in part and remanded the case “for the limited purpose” of recalculating the amount of restitution due. Bartsh II, 7 F.3d at 114.
On remand, a revised supplemental addendum to the presentence report was prepared for the sentencing hearing. That addendum made two changes to the calculation of the amount of loss. First, it reduced the amount of interest from $243,855.14 to $80,299.63 by correcting mathematical errors in the original presentence report. Second, the addendum credited Bartsh with $200,000.00 worth of legal services rendered in 1987 and 1988. In addition, the district court struck the remaining $80,299.63 in interest based on subsequent changes in the United States Sentencing Guidelines. The net effect of these changes was to reduce the total amount of loss from $1,564,517.52 to $1,120,662.38, approximately 28%, thereby eliminating a 40% overstatement in the original amount of loss calculation. After subtracting sums already paid, the district court held Bartsh responsible for the remaining balance of $457,381.98.
At the sentencing hearing Bartsh urged the district court to reconsider the original sentencing court’s upward departure. Based on our prior decision affirming Bartsh’s sentence and the limited scope of our remand (for restitution calculation only), the district court determined that it was bound by our prior decision and lacked discretion to revisit that issue. Bartsh now appeals the district court’s refusal on remand to reconsider the original sentencing court’s upward departure.
II. DISCUSSION
This appeal is governed by the “law of the case” doctrine and its close relation, the mandate rule. See 18 Charles A. Wright, Arthur R. Miller & Edward H. Cooper, Federal Practice & Procedure § 4478 (1981 & Supp.1995). The law of the case doctrine prevents the relitigation of a settled issue in a case and requires courts to adhere to decisions made in earlier proceedings in order to ensure uniformity of decisions, protect the expectations of the parties, and promote judicial economy. Bethea v. Levi Strauss & Co., 916 F.2d 453, 456-57 (8th Cir.1990). Under this doctrine, “a decision in a prior appeal is followed in later proceedings unless a party introduces substantially different evidence, or the prior decision is clearly erroneous and works a manifest injustice.” United States v. Callaway, 972 F.2d 904, 905 (8th Cir.1992) (per curiam).
“Law of the case terminology is often employed to express the principle that inferior tribunals are bound to honor the mandate of superior courts within a single judicial system.” 18 Wright, Miller & Cooper, supra, § 4478 at 792. “If there are no explicit or implicit instructions to hold further proceedings [on remand], a district court has no authority to re-examine an issue settled by a higher court.” Bethea, 916 F.2d at 456. When an appellate court remands a case to the district court, all issues decided by the appellate court become the law of the case, id., and the district court on remand must “adhere to any limitations imposed on its function at resentencing by the appellate court.” United States v. Cornelius, 968 F.2d 703, 705 (8th Cir.1992) (citing United States v. Prestemon, 953 F.2d 1089 (8th Cir.1992) (trial court could not consider new bases for downward departure where remand was limited to resentencing within the applicable guideline range)). “Under the law of the case doctrine, a district court must follow our mandate, and we retain the authority to decide whether the district court scrupulously and fully carried out our mandate’s terms.” Jaramillo v. Burkhart, 59 F.3d 78, 80 (8th Cir.1995).
In Bartsh I, 985 F.2d at 934-35, we explicitly affirmed the original sentencing court’s upward departure and subsequently remanded the case in Bartsh II, 7 F.3d at 114, “for the limited purpose” of recalculating the amount of restitution due. Bartsh does not challenge the district court’s conclusion that our previous decision affirming his sentence is law of the case. He asserts, however, that the law of the case doctrine should not have precluded further review of this issue because he has introduced “substantially different” evidence on remand and because our prior decision was clearly erroneous and works manifest injustice. We disagree. The remand was solely on the mathematical restitution issue.
[*867] A. Substantially Different Evidence
Bartsh argues that the revised supplemental addendum to the presentence report (RSAPR) which reduced the amount of loss by approximately 28% constitutes substantially different evidence justifying a departure from our previous decision. The information contained in the RSAPR, however, is neither different nor substantial for purposes of this appeal. The RSAPR presented no new substantive evidence, but merely a recalculation of the same evidence that was offered at the original sentencing hearing. The mere fact that Bartsh failed to object to the miscalculation at the original sentencing hearing does not render its subsequent recalculation “different” evidence on remand.
Even if the recalculations contained in the RSAPR could be considered “different” evidence, those differences are insubstantial for purposes of this appeal. The 28% net reduction in the amount of loss calculation from $1,564,517.52 to $1,120,662.38 would have had no effect whatsoever on Bartsh’s sentencing range under the applicable version of the Guidelines. USSG § 2Bl.l(b)(l)(L) (1988). Nor would it have influenced the original sentencing court’s decision to depart upward from the applicable guideline range. That decision was based entirely on Bartsh’s abuse of his position of trust as a federal officer. Nor would the difference in the amount of loss have affected our prior decision affirming that upward departure. While our decision relied on both “the extent of Bartsh’s embezzlement and his position as an officer of the court,” Bartsh I, 985 F.2d at 935, Bartsh’s corruption of his federal office stands alone as sufficient grounds for affirming the departure. United States v. Fousek, 912 F.2d 979 (8th Cir.1990) (per curiam) (affirming upward departure based on defendant bankruptcy trustee’s abuse of position through embezzlement of estate funds). Even if it did not, Bartsh still concedes to embezzling well over one million dollars from the estate. As such, we conclude that Bartsh has presented no substantially different evidence warranting a departure from our prior decision.
B. Clear Error Resulting in Manifest Injustice
Bartsh claims that our prior decision affirming the original sentencing court’s upward departure was clearly erroneous and resulted in manifest injustice. We disagree. As already observed, none of the errors in the original PSR had any affect whatsoever on Bartsh’s sentencing range under the applicable version of the Guidelines. Bartsh, however, argues that the errors in the original PSR violated his “due process right to be sentenced on accurate and reliable information.” Appellant’s brief at 15. A simple error in sentencing information, however, does not constitute a due process violation so long as the defendant “was afforded an adequate opportunity to challenge the information.” West v. United States, 994 F.2d 510, 512 (8th Cir.1993) (quotation omitted). Because Bartsh was afforded such an opportunity at the original sentencing hearing, we find no due process violation.
In a related argument, Bartsh argues that our prior decision affirming the original sentencing court’s upward departure was clearly erroneous and manifestly unjust because it relied on the overstated extent of his embezzlement as well as his abuse of his appointed office. As we have previously observed, there is nothing clearly erroneous or manifestly unjust in affirming such an upward departure when an appointed federal officer concedes to embezzling more than one million dollars from the estate he has been charged to oversee.
III. CONCLUSION
This Court has already affirmed the upward departure Bartsh sought to challenge on remand, and the limited scope of our remand was clear. Because we find neither exception to the law of the case doctrine/mandate rule applicable, we conclude that the district court did not err in determining that our prior decision precludes further review of this matter. For these reasons, we affirm Bartsh’s sentence.