Legal Opinion
United States v. Jonathan Boyd and Robert Keith Powell, Jonathan L. Boyd
Court of Appeals for the Third Circuit
Decided April 13, 1992No. 91-3597PublishedCited by 16 opinions
1Opinion of the Court
OPINION OF THE COURT
COWEN, Circuit Judge.
This appeal involves three issues: 1) were the defendant’s due process rights violated when an independent lab destroyed urine samples which indicated his cocaine use; 2) can a higher sentence be imposed when probation is revoked than the sentence which could have been imposed originally; and 3) was the district court required to give notice of an upward departure prior to the resentencing hearing. We reject the due process argument but find that the district court erred in imposing a twelve month prison sentence on the defendant, thus we will vacate…
2Cases cited14 opinions
- California v. TrombettaSupreme Court of the United States · 1984
- Arizona v. YoungbloodSupreme Court of the United States · 1989
- Burns v. United StatesSupreme Court of the United States · 1991
- Killian v. United StatesSupreme Court of the United States · 1962
- United States v. Richard StevensCourt of Appeals for the Third Circuit · 1991
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Eddie Griffin v. John Spratt and J. Kevin KaneCourt of Appeals for the Third Circuit · 1992
- United States v. Timothy Tyrone RockwellCourt of Appeals for the Tenth Circuit · 1993
- United States v. Deaner Tab DeanerCourt of Appeals for the Third Circuit · 1993
- United States v. Cheryl GordonCourt of Appeals for the Third Circuit · 1992
- United States v. Jeffrey B. MarvinCourt of Appeals for the Seventh Circuit · 1998
11 more not listed; retrieve them via the Exa API.