HACKER

v.

GAFFNEY, WARDEN

Citator

Cited By (15 total)

• United States v. Mallah, 503 F.2d 971 (2d Cir. 1974)
  …f due process and double jeopardy. Appellant’s first argument is that North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969), as extended by United States ex rel. Williams v. McMann, 436 F. 2d 103 (2d Cir. 1970), cert. denied, 402 U.S. 914, 91 S. Ct. 1396, 28 L.Ed.2d 656 (1971), bars his prosecution on counts two and six. In Pearce, the Court held that one who had won a reversal of a criminal conviction could be sentenced after retrial and conviction to a stiffer sentence than was met…
• United States v. Clayborne Jamison, Jr., 505 F.2d 407 (D.C. Cir. 1974)
  …r circumstances the likelihood that such an increase would be motivated by vindictiveness was not sufficient to justify restrictions of the kind imposed by Pearce. United States ex rel. Williams v. McMann, 436 F. 2d 103 (2d Cir. 1970), cert. denied, 402 U.S. 914, 91 S.Ct. 1396, 28 L.Ed.2d 656 (1971) (restoration of original charge after withdrawal of bargained guilty plea “scarcely suggestive of vindictiveness”).11 We think the Supreme Court has now settled the question in Blackledge v. Perry, 417 U.S. 21,…
• United States v. Gerard, 491 F.2d 1300 (9th Cir. 1974)
  …in adding the count, since, at least in some circumstances, a prosecutor, too, may be guilty of vindictiveness. See Chaffin v. Stynchcombe, ante, 412 U.S. at 27 n. 13, 93 S.Ct. 1977; Williams v. McMann, 436 F. 2d 103, 105 (2d Cir. 1970), cert denied 402 U.S. 914, 91 S.Ct. 1396, 28 L.Ed.2d 656. The Court in Pearce (Rice) entered into no discussion of how the possibility of vindictiveness could be excluded in the case of resentencing after a withdrawn plea, finding it unnecessary since no attempt of any kind…