Thomas E. Peters v. United States of America, Kenneth F. Mills v. United States

307 F.2d 193

• Court: Court of Appeals for the D.C. Circuit
• Decided: September 20, 1962
• Docket: 15546, 15998
• Status: Published

Opinion

PER CURIAM.

We have reviewed the cases in light of appellants’ contentions with respect to the validity of their convictions of robbery, defined in 22 D.C.Code § 2901 (1961), but find no error which justifies setting aside the convictions.

However, we conclude that the procedure followed by the trial judge in imposing sentences was erroneous. Appellant Peters was twenty-one years of age, and Mills nineteen. Each was given the maximum sentence, imposed just after the verdicts were rendered. The vacation of these sentences at the suggestion of the United States and the reimposition thereafter of the same sentences was not curative of the procedure followed.

We conclude that the appropriate remedy, see 28 U.S.C. § 2106, is that the sentences be vacated, followed by pre-sentence investigations and reports as authorized by Rule 32(c) Fed.R.Crim.P., 18 U.S.C., with opportunity to defendants and their counsel to make statements and present information in mitigation of punishment, as authorized by Rule 32(a) Fed.R.Crim.P., before final decision as to the sentences to be imposed.

It is so ordered.

EDGERTON, Circuit Judge.

Since the court is affirming the convictions, I agree that the defendants must be resentenced. But I would reverse the convictions. As I read the record, the judge erroneously told the jury that robbery was clearly proved and also that the defendants had confessed. I cannot say these errors were not prejudicial.