United States Eighth Circuit

The denial of the presumption of vindictiveness when a sentencing judge reimposes the same total sentence in a multi-count case, under North Carolina v. Pearce, 395 U.S. 711 (1969), is not unreasonable where there is evidence that defendant sexually assaulted girls in the past, including a conviction for sexually assaulting his wife's daughter.

Appellate Information

• Decided 01/29/2002
• Published 01/29/2002

Judges

• LOKEN, Circuit Judge., Before LOKEN, RICHARD S. ARNOLD, and FAGG, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Patrick J. Berrigan, Kansas City, Missouri, for appellant.


• For Appellees:
  
• Stephen D. Hawke, Jefferson City, Missouri (Jeremiah W. (Jay) Nixon, on the brief), for appellee.