Legal Opinion
United States v. Rodriguez
Court of Appeals for the Fifth Circuit
Decided March 25, 2010No. 09-20181PublishedCited by 126 opinions
1Opinion of the Court
RHESA HAWKINS BARKSDALE, Circuit Judge:
David Rodriguez challenges a greater sentence imposed on remand by a different judge from the one who imposed his first sentence. Previously, based on the Government’s breach of his plea agreement, Rodriguez successfully appealed his first sentence. In remanding for resentencing, our court ordered it to be conducted by a different judge because of that breach. United States v. Rodriguez, 306 Fed.Appx. 135 (5th Cir.2009) (unpublished).
Primarily, Rodriguez claims his new sentence was vindictive. For this point, the principal issue is whether United States…
2Cases cited68 opinions
- Gall v. United StatesSupreme Court of the United States · 2007
- North Carolina v. PearceSupreme Court of the United States · 1969
- Brecht v. AbrahamsonSupreme Court of the United States · 1993
- Santobello v. New YorkSupreme Court of the United States · 1971
- Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
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3Cited by126 opinions
- United States v. Shukri BakerCourt of Appeals for the Fifth Circuit · 2011
- United States v. Nicholas HarrisCourt of Appeals for the Fifth Circuit · 2012
- United States v. NavaCourt of Appeals for the Fifth Circuit · 2010
- United States v. John TumaCourt of Appeals for the Fifth Circuit · 2013
- United States v. Allied Home Mortgage Corp.Court of Appeals for the Fifth Circuit · 2019
121 more not listed; retrieve them via the Exa API.