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UNITED STATES v. BISHOP

No. 73-1269.

487 F.2d 631 (1973)

UNITED STATES of America, Appellee, v. Robert BISHOP, Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided November 20, 1973.

Attorney(s) appearing for the Case

Dennis E. Curtis, New Haven, Conn., pro hac vice on brief, for defendant-appellant.

James N. Gabriel, U.S. Atty., and Wayne B. Hollingsworth, Asst. U.S. Atty., on brief, for appellee.

Before ALDRICH, McENTEE and CAMPBELL, Circuit Judges.

ALDRICH, Senior Circuit Judge.

This is an appeal from a resentencing on the ground that the second sentence was an impermissible increase over the first, in violation of the rule laid down in North Carolina v. Pearce, 1969, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656. Procedurally, the case comes before us as the result of the denial of a F.R. Crim.P. 35 motion asserting that the second sentence was illegal as matter of law.

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