Legal Opinion

United States v. Howard Tucker

Court of Appeals for the Seventh Circuit

Decided July 12, 1978No. 77-1789PublishedCited by 22 opinions

1Opinion of the Court

REYNOLDS, District Judge.

Presented for review in this appeal is the question of the propriety of the lower court’s action, following a retrial, of imposing upon the defendant-appellant a sentence that is more severe than the sentence imposed after the initial trial where the defendant-appellant had successfully appealed his first conviction. For the reasons stated below, we find that the second sentence was improperly imposed and remand this action to the lower court with instructions to impose a sentence that is no greater than that imposed following the defendant’s first trial.

The defendant…

2Cases cited24 opinions

  1. North Carolina v. PearceSupreme Court of the United States · 1969
  2. Roviaro v. United StatesSupreme Court of the United States · 1957
  3. Blackledge v. PerrySupreme Court of the United States · 1974
  4. Colten v. KentuckySupreme Court of the United States · 1972
  5. Chaffin v. StynchcombeSupreme Court of the United States · 1973

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

3Cited by22 opinions

  1. United States v. Jerry WhaleyCourt of Appeals for the Seventh Circuit · 1987
  2. United States v. Louis GillissCourt of Appeals for the Eighth Circuit · 1981
  3. United States v. Bobby Gene Hayes, and Joseph WardCourt of Appeals for the Eleventh Circuit · 1982
  4. Milton L. Jacobs v. Supt. Walter Redman, Milton Lewis JacobsCourt of Appeals for the Third Circuit · 1980
  5. United States v. Dorothy JeffersonCourt of Appeals for the Seventh Circuit · 1985

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

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