KELLY v. NEUBERT

No. 89-5793.

898 F.2d 15 (1990)

Ronald KELLY, Appellant, v. E. Calvin NEUBERT, Administrator, and W. Carey Edwards, the Attorney General of the State of New Jersey, Appellees.

United States Court of Appeals, Third Circuit.

Decided March 14, 1990.


Attorney(s) appearing for the Case

Tonianne Bongiovanni, Asst. Federal Public Defender, Newark, N.J., for appellant.

Catherine A. Foddai, Div. of Criminal Justice, Appellate Section, Trenton, N.J., for appellees.

Before HIGGINBOTHAM, Chief Judge, HUTCHINSON and COWEN, Circuit Judges.


Submitted Under Third Circuit Rule 12(6) February 26, 1990.

OPINION OF THE COURT

HUTCHINSON, Circuit Judge.

The issue in this case is whether North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969), precludes the sentence the state trial court imposed on the appellant, Ronald Kelly (Kelly), on remand after the state appellate court vacated his conviction on two counts and vacated his sentence...

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