United States v. Philip William McKinney
This text of 466 F.2d 1403 (United States v. Philip William McKinney) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
ORDER
In the previous appeal of this case we affirmed the judgment of the District Court but remanded for the purpose of reconsidering the five-year-sentence which was the maximum sentence provided by statute, because we were of the view that it was excessive and out of proportion to the offense. We retained jurisdiction to consider the sentence imposed upon the remand. United States v. McKinney, 427 F.2d 449 (6th Cir. 1970).
Upon remand, the District Court imposed the same maximum sentence. The Court, however, did not have the benefit of our subsequent decision in United States v. Daniels, 446 F.2d 967 (6th Cir. 1971).
We again remand for further consideration of the sentence in the light of Daniels.
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466 F.2d 1403, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-philip-william-mckinney-ca6-1971.