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United States v. Tobin

United States Court of Appeals, Fifth Circuit
May 8, 1973
478 F.2d 852 (5th Cir. 1973)

Opinion

No. 72-3345. Summary Calendar.

Rule 18, 5 Cir.; see Isbell Enterprises, Inc. v. Citizens Casualty Company of New York et al., 5 Cir. 1970, 431 F.2d 409, Part I.

May 8, 1973.

William Tobin, pro se.

Robert W. Rust, U.S. Atty., Harold F. Keefe, Asst. U.S. Atty., Miami, Fla., for plaintiff-appellee.

Appeal from the United States District Court for the Southern District of Florida.

Before JOHN R. BROWN, Chief Judge, and DYER and SIMPSON, Circuit Judges.



Appellant was convicted of importation of marijuana. His contentions that there was insufficient evidence to 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.


Summaries of

United States v. Tobin

United States Court of Appeals, Fifth Circuit
May 8, 1973
478 F.2d 852 (5th Cir. 1973)
Case details for

United States v. Tobin

Case Details

Full title:UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. WILLIAM TOBIN…

Court:United States Court of Appeals, Fifth Circuit

Date published: May 8, 1973

Citations

478 F.2d 852 (5th Cir. 1973)

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