United States v. William Tobin
This text of 478 F.2d 852 (United States v. William Tobin) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Appellant was convicted of importation of marijuana. His contentions that there was insufficient evidence to1 support his convictions and that statements were taken in violation of Fifth Amendment Rights are without merit.
We agree with appellant’s contention that the imposition of a harsher sentence than he received on an earlier trial for the same cause is illegal because imposed as punishment for exercising the right to appeal. We remand to the District Court for proper resentencing under appropriate standards.
Reversed and remanded with directions.
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478 F.2d 852, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-william-tobin-ca5-1973.