United States Third Circuit

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US v. Nerius, 15-3688

Sentence for conviction of resisting or impeding correctional employees, in violation of 18 U.S.C. section 111(a)(1), and damaging property within special maritime and territorial jurisdiction of the U.S., in violation of 18 U.S.C. section 136, is affirmed where: 1) because defendant's revised sentence was lower than that originally imposed, the presumption of judicial vindictiveness under North Carolina v. Pearce, 395 U.S. 711 (1969), does not apply; and 2) there is no evidence of actual vindictiveness.

Appellate Information

  • Decided
  • Published 2016/05/25

Judges

  • SHWARTZ

Court

  • United States Third Circuit

Counsel