United States v. Tobin

Fifth Circuit Court of Appeals

Decided May 8, 1973.

Fifth Circuit Court of Appeals · decided 1973-05-08

Cited by 2 later decisions — most recently June 1979

1 federal appellate · 1 state decisions

2 counsel of record

Relies on Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1973-05-08

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¶1Summary Calendar.*

¶2William Tobin, pro se.

¶3Robert W. Rust, U. S. Afty., Harold F. Keefe, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

¶4Before JOHN R. BROWN, Chief Judge, and DYER and SIMPSON, Circuit Judges.

¶6PER CURIAM:

¶7 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.

¶8We 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.

¶9Reversed and remanded with directions.