Legal Opinion

United States v. James Richard Bello, United States of America v. James Richard Bello

Court of Appeals for the Fourth Circuit

Decided July 5, 1985No. 84-5144 (L), 84-6473PublishedCited by 42 opinions

1Opinion of the Court

MERHIGE, District Judge.

This appeal challenges, on due process and double jeopardy grounds, the length of the sentence imposed on the defendant-appellant at resentencing on one conviction, after he successfully appealed a number of related convictions. Though disagreeing with appellant’s contentions in several important respects, we find that the sentence is unconstitutional.

The appellant, James Bello, was initially convicted for conspiring to distribute cocaine,1 distributing cocaine,2 and engaging in a continuing criminal enterprise.3 On each of the convictions for conspiracy and…

2Cases cited17 opinions

  1. North Carolina v. PearceSupreme Court of the United States · 1969
  2. United States v. DiFrancescoSupreme Court of the United States · 1980
  3. United States v. GoodwinSupreme Court of the United States · 1982
  4. Wasman v. United StatesSupreme Court of the United States · 1984
  5. United States v. BenzSupreme Court of the United States · 1931

12 more not listed; retrieve them via the Exa API.

3Cited by42 opinions

  1. United States v. Charles ShueCourt of Appeals for the Seventh Circuit · 1987
  2. United States v. Alion Andersson, United States of America v. Charles W. HinckCourt of Appeals for the Ninth Circuit · 1987
  3. United States v. Carl P. FogelCourt of Appeals for the D.C. Circuit · 1987
  4. State Ex Rel. Adams v. ButlerSupreme Court of Louisiana · 1990
  5. United States v. Steven A. Silvers, (Two Cases)Court of Appeals for the Fourth Circuit · 1996

37 more not listed; retrieve them via the Exa API.

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