Legal Opinion
United States v. Cheryl Gordon
Court of Appeals for the Third Circuit
Decided April 30, 1992No. 91-3605PublishedCited by 49 opinions
1Opinion of the Court
OPINION OF THE COURT
COWEN, Circuit Judge.
Under 18 U.S.C. § 3565(a) (1988), a probationer who is found in possession of a controlled substance will be resentenced to “not less than one-third of the original sentence.” This appeal requires us to determine whether “original sentence” refers to the original period of incarceration to which the defendant could have been sentenced or the term of probation actually imposed. Because we hold it to be the former, we will vacate the sentence imposed by the district court and remand for resentencing.
I
Cheryl Gordon pled guilty in May 1989 to violating 18…
2Cases cited28 opinions
- Immigration & Naturalization Service v. Elias-ZacariasSupreme Court of the United States · 1992
- Morton v. MancariSupreme Court of the United States · 1974
- Garcia v. United StatesSupreme Court of the United States · 1985
- Berman v. United StatesSupreme Court of the United States · 1937
- Black v. RomanoSupreme Court of the United States · 1985
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3Cited by49 opinions
- United States v. GrandersonSupreme Court of the United States · 1994
- United States v. GalloCourt of Appeals for the First Circuit · 1994
- United States v. Timothy Tyrone RockwellCourt of Appeals for the Tenth Circuit · 1993
- United States v. John Pozsgai, Gizella Pozsgai, Mercer Wrecking & Recycling Corporation, J. Vinch & Sons, Inc. John Pozsgai and Gizella PozsgaiCourt of Appeals for the Third Circuit · 1993
- United States v. Charles Frank DiazCourt of Appeals for the Tenth Circuit · 1993
44 more not listed; retrieve them via the Exa API.