green
Positive treatment
Quoted verbatim 1×
6.5 score
G Cite
cited 2× by 1 distinct case, last quoted 1989 ·
…correction of a sentence imposed in an illegal manner does not violate double jeopardy even if the correction increases the punishment, and the fact that has commenced serving the sentence is irrelevant.
⚠ not in text
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986
2006
2026
Top citers, strongest first. 18 distinct citers.
How cited ↗
examined
Cited as authority (quoted)
United States v. Garland Claude Cochran
(2×)
correction of a sentence imposed in an illegal manner does not violate double jeopardy even if the correction increases the punishment, and the fact that has commenced serving the sentence is irrelevant.
discussed
Cited "see"
Hetzel v. Swartz
(2×)
See Hauptmann v. Wilentz, 570 F.Supp. 351, 364 (D.N.J.1983), aff'd without opinion, 770 F.2d 1070 (3d Cir.1985), cert. denied, 474 U.S. 1103 , 106 S.Ct. 887 , 88 L.Ed.2d 922 (1986).) The plaintiff does not give the name of the doctor or identify the doctor in any way that reveals whether she or he has a legitimate right to know about the plaintiffs medical condition.
discussed
Cited "see"
United States v. Jerome-Oboh
(2×)
See United States v. Ogberaha, 771 F.2d 655, 658-660 (2d Cir.1985), cert. denied, 474 U.S. 1103 , 106 S.Ct. 887 , 88 L.Ed.2d 922 (1986) (strip search properly based on reasonable suspicion of criminal activity).
discussed
Cited "see"
Biase v. Kaplan
(2×)
It has, moreover, been held that “[section] 1985(3) may be invoked only as a remedy for discrimination which is based upon the plaintiffs immutable characteristics, such as race[, ethnicity] or gender.” Rourke v. United States, 744 F.Supp. 100, 105 (E.D.Pa.1988) (emphasis added), aff'd, 909 F.2d 1477 (3d Cir.1990); see Hauptmann v. Wilentz, 570 F.Supp. 351, 385 (D.N.J.1983), aff'd, 770 F.2d 1070 (3d Cir.1985), cert. denied, 474 U.S. 1103 , 106 S.Ct. 887 , 88 L.Ed.2d 922 (1986); see also Hicks v. Resolution Trust Corp., 970 F.2d 378, 382 (7th Cir.1992) (Section 1985(3) applies only to discr…
discussed
Cited "see"
Rivera v. United States
(2×)
See United States v. Ogberaha, 771 F.2d 655, 659 (2d Cir.1985), cert. denied, 474 U.S. 1103 , 106 S.Ct. 887 , 88 L.Ed.2d 922 (1986).
discussed
Cited "see"
United States v. Narcisa Savinovich
See United States v. Stewart, 770 F.2d 825, 832 (9th Cir.1985) (possession of one ounce of 80% pure cocaine sufficient to show an intent to distribute), cert. denied, 474 U.S. 1103 , 106 S.Ct. 888 , 88 L.Ed.2d 922 (1986).
cited
Cited "see"
United States v. Edward O. Messer, Jr.
See United States v. Stewart, 770 F.2d 825, 832 (9th Cir.1985), cert. denied, — U.S. -, 106 S.Ct. 888 , 88 L.Ed.2d 922 (1986).
discussed
Cited "see, e.g."
Zavala v. Wal-Mart Stores, Inc.
(2×)
Compare Perez v. Cucci, 725 F.Supp. 209, 249-50 (D.N.J.1989) (cataloging cases examining whether politically based classes were protected under section 1985 and concluding that a majority held that section 1985 covers politically motivated conspiracies), with Hauptmann v. Wilentz, 570 F.Supp. 351 , 386 n. 37 (D.N.J.1983), aff'd mem. 770 F.2d 1070 (3d Cir.1985), cert. denied, 474 U.S. 1103 , 106 S.Ct. 887 , 88 L.Ed.2d 922 (1986), to which Perez cites as an example of a court "expressing doubt” as to whether section 1985 reached “nonracial, politically motivated conspiracies.” Perez was af…
discussed
Cited "see, e.g."
State v. Humes
(2×)
Compare United States v. Crawford, 769 F.2d 253, 257-58 (5th Cir.1985) cert. denied sub nom., Waggoner v. United States, 474 U.S. 1103 , 106 S.Ct. 887 , 88 L.Ed.2d 922 (1986) (holding that the defendant was charged with the knowledge that his sentence, if illegally imposed, would be subject to correction under Fed.R.Crim.P. 35(a) and therefore, he had no expectation of finality in the sentence) with United States v. Jones, 722 F.2d 632, 638-39 (11th Cir.1983) (holding that, unless statutory sentence modification was available as in DiFmncesco, or the defendant deceived the judge in initial sen…
discussed
Cited "see, e.g."
Kollar v. Lozier
(2×)
Silkwood v. Kerr-McGee Corp., 637 F. 2d 743, 749 (10th Cir.1980), cert. denied, 454 U.S. 833 , 102 S.Ct. 132 , 70 L.Ed. 2d 111 (1981); Guyton v. Phillips, 606 F. 2d 248 , 250-51 (9th Cir.1979), cert. denied, 445 U.S. 916 , 100 S.Ct. 1276 , 63 L.Ed. 2d 600 (1980); Whitehurst v. Wright, 592 F. 2d 834, 840-41 (5th Cir.1979); see also Hauptmann v. Wilentz, 570 F. Supp. 351, 364 (D.N.J. 1983) (concealment of evidence that is viewed as a separate act which occurs after death cannot survive as a cause of action under 42 U.S.C.A. § 1983 ), aff'd, 770 F. 2d 1070 (3d Cir.1985), cert. denied, 474 U.S. 1…
discussed
Cited "see, e.g."
Jackson v. Nicoletti
(2×)
Sandutch, supra, 684 F.2d at 254 ; see also Hauptmann v. Wilentz, 570 F.Supp. 351, 396 (D.N.J.1983), aff'd without op., 770 F.2d 1070 (1985), cert. denied, 474 U.S. 1103 , 106 S.Ct. 887 , 88 L.Ed.2d 922 (1986).
discussed
Cited "see, e.g."
United States v. Greenwood
(2×)
Cross-appellees also cite a line of post-DiFrancesco lower court cases in which courts have held that "[c]onsitent with [DiFrancesco 's] rationale, the circuits have generally concluded that the key to double jeopardy analysis of a sentence increase is whether the defendant had a legitimate expectation in the finality of his original sentence." Stewart v. Scully, 925 F.2d 58, 63 (2d Cir.1991) (collecting cases); see also United States v. Crawford, 769 F.2d 253, 257 (5th Cir.), cert. denied, 474 U.S. 1103 , 106 S.Ct. 887 , 88 L.Ed.2d 922 (1985). 103 Cross-appellees argue that they indeed had a …
discussed
Cited "see, e.g."
United States v. Greenwood
(2×)
Cross-appellees also cite a line of post-DiFrancesco lower court cases in which courts have held that “[cjonsitent with [DiFrancesco’s] rationale, the circuits have generally concluded that the key to double jeopardy analysis of a sentence increase is whether the defendant had a legitimate expectation in the finality of his original sentence.” Stewart v. Scully, 925 F.2d 58, 63 (2d Cir.1991) (collecting cases); see also United States v. Crawford, 769 F.2d 253, 257 (5th Cir.), cert. denied, 474 U.S. 1103 , 106 S.Ct. 887 , 88 L.Ed.2d 922 (1985).
cited
Cited "see, e.g."
United States v. Rodney Bourgeois
See, e.g., United States v. Stewart, 770 F.2d 825 , 829 n. 2 (9th Cir.1985), cert. denied, 474 U.S. 1103 , 106 S.Ct. 888 , 88 L.Ed.2d 922 (1986).
discussed
Cited "see, e.g."
State v. Delossantos
Cf. State v. Kinsey, supra, 347-48 (evidence that a third person engaged in drug activity inadmissible where defendant was unable to demonstrate that the third person was in state or selling narcotics at the time of the offense); State v. Aspinall, 6 Conn. App. 546, 552 , 506 A.2d 1063 (1986) (trial court did not abuse discretion in excluding evidence that third person with same first name as defendant was cocaine dealer); see also United States v. Stewart, 770 F.2d 825, 829-30 (9th Cir. 1985), cert. denied, 474 U.S. 1103 , 106 S. Ct. 888 , 88 L.
discussed
Cited "see, e.g."
United States v. David Silverman
(2×)
See, e.g., United States v. Stewart, 770 F.2d 825, 831 (9th Cir.1985) (defendant was present at seller’s house immediately before each of three drug transactions, seller and defendant met immediately after two of the transactions, and defendant’s palm print was found on envelope that contained the drug), cert. denied, 474 U.S. 1103 , 106 S.Ct. 888 , 88 L.Ed.2d 922 (1986); United States v. Mason, 658 F.2d 1263, 1269 (9th Cir.1981) (defendant was the only person to visit seller between time seller telephoned his source to obtain contraband and time seller provided contraband to government un…
cited
Cited "see, e.g."
United States v. Randolph Williams
See also United States v. Stewart, 770 F.2d 825, 829 (9th Cir.1985), cert. denied, — U.S. -, 106 S.Ct. 888 , 88 L.Ed.2d 922 (1986).
discussed
Cited "see, e.g."
United States v. Raul Arrellano-Rios
(2×)
See, e.g., United States v. Crawford, 769 F.2d 253, 257 (5th Cir.1985), cert. denied, — U.S. -, 106 S.Ct. 887 , 88 L.Ed.2d 922 (1986).
Retrieving the full opinion text from the archive…
Hauptmann
v.
Wilentz
v.
Wilentz
No. 85-5635.
Supreme Court of the United States.
Jan 27, 1986.
Published
Citer courts: Eleventh Circuit (2)
C. A. 3d Cir. Certiorari denied.