SAMPSON v. LOVE

No. 85-5178.

782 F.2d 53 (1986)

Howard SAMPSON, Petitioner-Appellee, v. Aileene LOVE, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided January 24, 1986.

Rehearing and Rehearing Denied March 21, 1986.


Attorney(s) appearing for the Case

W.J. Michael Cody, Atty. Gen., Nashville, Tenn., Raymond Leathers (argued), for respondent-appellant.

Bob Tucker (argued), Nashville, Tenn., for petitioner-appellee.

Before ENGEL, KENNEDY and MILBURN, Circuit Judges.


Rehearing and Rehearing En Banc Denied March 21, 1986.

CORNELIA G. KENNEDY, Circuit Judge.

Respondent-Appellant appeals from the District Court's partial grant of petitioner-appellee's petition for a writ of habeas corpus. The underlying legal issue is whether the imposition of a higher sentence at appellee's retrial was a product of vindictiveness toward appellee for asserting his right to appeal, and hence whether that harsher sentence violated the due process...

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