Pete Griego Garcia v. United States
This text of 464 F.2d 1291 (Pete Griego Garcia v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The structure legally and factually of this case is substantially identical with that obtaining in Martinez v. United States, 464 F.2d 1289, 10 Cir., decided by us this day. Based on the authorities and reasoning of Martinez, we must also remand this cause for resentencing. The 1954 conviction of Garcia is also subject to the Supreme Court’s ruling in Leary v. United States, 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d 57. As stated in Martinez, subsequent decisions of the Supreme Court make clear that Leary is retroactive.
Accordingly, the judgment of the district court is reversed and the cause is remanded with directions to the district court to vacate the sentence heretofore imposed and to impose a sentence which disregards the 1954 conviction.
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Cite This Page — Counsel Stack
464 F.2d 1291, 1972 U.S. App. LEXIS 8138, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pete-griego-garcia-v-united-states-ca10-1972.