[DOWNLOAD] "Johnson v. Vose" by United States Court of Appeals for the First Circuit # eBook PDF Kindle ePub Free

eBook details

Title: Johnson v. Vose
Author : United States Court of Appeals for the First Circuit
Release Date : January 27, 1991
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 57 KB

Description

COFFIN, Senior Circuit Judge. After closing arguments at Christopher Johnson's state trial for armed robbery and assault, during a bench conference, the judge stated for the record that the defendant had rejected an offered sentence of six-to-nine years.1 Johnson subsequently was found guilty by the jury, and the judge thereafter imposed a nine-to-fifteen-year sentence. In his petition for a writ of habeas corpus, Johnson claims that the harsher sentence should be presumed vindictive, and thus violative of his due process rights, under the principles established in North Carolina v. Pearce, 395 U.S. 711, 23 L. Ed. 2d 656, 89 S. Ct. 2072 (1969). We conclude that Johnson is not entitled to the Pearce presumption, and that there is no basis in the record for finding actual vindictiveness. We therefore affirm the district court's denial of the writ.