United States v. Robert Bishop

ALDRICH, Senior Circuit Judge.

This is an appeal from a resentencing on the ground that the second sentence was an impermissible increase over the first, in violation of the rule laid down in North Carolina v. Pearce, 1969, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656. Procedurally, the case comes before us as the result of the denial of a F.R. Crim.P. 35 motion asserting that the second sentence was illegal as matter of law.

The facts are these. Defendant was convicted on two counts for distributing heroin in violation of 21 U.S.C. § 841(a)(1). Asserting that he was an addict, he requested that…