From Casetext: Smarter Legal Research

Government of Virgin Islands v. Bell

United States Court of Appeals, Third Circuit
Mar 12, 1970
423 F.2d 692 (3d Cir. 1970)

Opinion

No. 17978.

Argued January 30, 1970.

Decided March 12, 1970. Certiorari Denied June 1, 1970. See 90 S.Ct. 1839.

Daniel H. Greenberg, New York City, for appellant.

Richard L. Rosenfield, U.S. Dept. of Justice, Washington, D.C. (Robert M. Carney, U.S. Atty., U.S. Dept. of Justice, Washington, D.C., on the brief), for appellee.

Before HASTIE, Chief Judge, and STALEY and STAHL, Circuit Judges.

Judge Stahl heard the argument and participated in the consideration of the appeal in this case but not in the decision which occurred after his death.


OPINION OF THE COURT


Meliah Bell is before this court for the second time, having been twice tried, convicted, and sentenced for violating 14 V.I.C. § 834(2) by obtaining money or property under false pretenses. The property was obtained through the use of an American Express Company credit card issued to one Meyer Odence.

On appeal from the first conviction, this court reversed and remanded the case for a new trial. See Government of Virgin Islands v. Bell, 392 F.2d 207 (C.A. 3, 1968).

Appellant contends that the initiation of this prosecution by information rather than by grand jury indictment was in violation of the Fifth Amendment; that the trial judge committed prejudicial error by commenting on the evidence during his charge to the jury; that the evidence did not establish his guilt as to each separate count of the information; and that the sentence imposed on him after his conviction at the second trial was improper because it exceeded the sentence imposed at the first trial. See North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969).

We have carefully considered each of appellant's arguments and find them to be without merit. The judgment of the district court will, therefore, be affirmed but without prejudice to appellant to file a motion in the district court for reduction of sentence. See Government of Virgin Islands v. Turner, 409 F.2d 102 (C.A.3, 1969).


Summaries of

Government of Virgin Islands v. Bell

United States Court of Appeals, Third Circuit
Mar 12, 1970
423 F.2d 692 (3d Cir. 1970)
Case details for

Government of Virgin Islands v. Bell

Case Details

Full title:GOVERNMENT OF the VIRGIN ISLANDS v. Meliah BELL, Appellant

Court:United States Court of Appeals, Third Circuit

Date published: Mar 12, 1970

Citations

423 F.2d 692 (3d Cir. 1970)

Citing Cases

Government of Virgin Islands v. Dowling

Both section 25 of the Revised Organic Act, 48 U.S.C.A. § 1615, and Rule 54(a) of the Federal Rules of…

Ballantine v. Hendricks

This holding has been consistently followed. See, e.g., Soto v. United States, 273 F. 628, 633 (3rd Cir.…