What is the test for determining that a sentence for successfully appealing against a conviction is vindictive?
MultiRegion, United States of America
The following excerpt is from United States v. Tanaka, 14-1452-cr(L), 14-1453-cr(Con) (2nd Cir. 2016):
If there is a reasonable likelihood that the district court punished the defendant for successfully appealing or otherwise exercising his legal rights, we presume that the sentence is vindictive. See United States v. Singletary, 458 F.3d 72, 76
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