TIMMONS

v.

UNITED STATES; AND NOLTE V. UNITED STATES

Citator

Cited By

• United States v. Clayborne Jamison, Jr., 505 F.2d 407 (D.C. Cir. 1974)
  …r circumstances the likelihood that such an increase would be motivated by vindictiveness was not sufficient to justify restrictions of the kind imposed by Pearce. United States ex rel. Williams v. McMann, 436 F. 2d 103 (2d Cir. 1970), cert. denied, 402 U.S. 914, 91 S.Ct. 1396, 28 L.Ed.2d 656 (1971) (restoration of original charge after withdrawal of bargained guilty plea “scarcely suggestive of vindictiveness”).11 We think the Supreme Court has now settled the question in Blackledge v. Perry, 417 U.S. 21,…
• Klobuchir v. Commonwealth OF Pa. & the Dist. Attorney of Allegheny Cnty., 639 F.2d 966 (3d Cir. 1981)
  …. denied 400 U.S. 917, 91 S.Ct. 178, 27 L.Ed.2d 157 (1970). See also United States v. Myles, 430 F.Supp. 98 (D.D.C.), aff'd. mem. 569 F. 2d 161 (D.C.Cir.1978). Cf. United States ex rel. Williams v. McMann, 436 F. 2d 103 (2d Cir. 1970), cert. denied, 402 U.S. 914, 91 S.Ct. 1396, 28 L.Ed.2d 656 (1971) (North Carolina v. Pearce inapposite). . We have held that double jeopardy claims may be raised on habeas prior to a state trial. See, e. g. United States ex rel. Webb v. Court of Common Pleas, 516 F. 2d 1034 (…
• Innes v. Dalsheim, 864 F.2d 974 (2d Cir. 1988)
  …prosecutor’s consent to a reduction of the charge set forth in the indictment is viewed as “consideration” for the exchange of the defendant’s guilty plea. See United States ex rel. Williams v. McMann, 436 F. 2d 103, 106 (2d Cir.1970), cert. denied, 402 U.S. 914, 91 S.Ct. 1396, 28 L.Ed.2d 656 (1971). When a dispute arises later as to the consequences of a plea, some courts believe the language and usages of contract law are useful in construing the plea agreement and in ensuring that the parties obtain th…