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UNITED STATES v. BELLO

Nos. 84-5144 (L), 84-6473.

767 F.2d 1065 (1985)

UNITED STATES of America, Appellee, v. James Richard BELLO, Appellant. UNITED STATES of America, Appellee, v. James Richard BELLO, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 5, 1985.

Attorney(s) appearing for the Case

Reed E. Hundt, Washington, D.C. (David R. Hazelton, Latham, Watkins & Hills, Washington, D.C., on brief), for appellant.

James C. Savage, Asst. U.S. Atty., Baltimore, Md. (J. Frederick Motz, U.S. Atty., Baltimore, Md., on brief), for appellee.

Before WINTER, Chief Judge, MURNAGHAN, Circuit Judge, and MERHIGE, District Judge for the Eastern District of Virginia, sitting by designation.

MERHIGE, District Judge.

This appeal challenges, on due process and double jeopardy grounds, the length of the sentence imposed on the defendant-appellant at resentencing on one conviction, after he successfully appealed a number of related convictions. Though disagreeing with appellant's contentions in several important respects, we find that the sentence is unconstitutional.

The appellant, James Bello, was initially convicted for conspiring to distribute...

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