United States Ninth Circuit

Habeus relief granted where the State failed to carry its burden to rebut the presumption that defendant's harsher sentence on remand was in retaliation for his successful challenge to his original sentence. Thus, it is evident that defendant has been deprived of due process under Pearce and its progeny.

Appellate Information

• Argued 07/09/2002
• Decided 06/26/2003
• Published 06/26/2003

Judges

• Before:  FERGUSON, W. FLETCHER, Circuit Judges, and KING, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Wendy R. Willis, Assistant Federal Public Defender, Portland, OR, for the petitioner-appellant.


• For Appellees:
  
• Timothy A. Sylwester, Assistant Attorney General, Salem, OR, for the respondents-appellees.