JOHN T. BROWN, APPELLANT,
v.
UNITED STATES OF AMERICA, APPELLEE; GEORGE C. CARTER, APPELLANT, V. UNITED STATES OF AMERICA, APPELLEE; BENJAMIN T. THORNTON, APPELLANT, V. UNITED STATES OF AMERICA, APPELLEE; CHARLES J. THORNTON, APPELLANT, V. UNITED STATES OF AMERICA, APPELLEE; CARLTON BRYANT, APPELLANT, V. UNITED STATES OF AMERICA, APPELLEE
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The court affirmed convictions but remanded for resentencing under a specific statute if the government consented, otherwise ordered a new trial for two appellants.
Appellants were convicted of narcotics violations. Two appellants, Brown and Bryant, were convicted under a general conspiracy count, and the sentenci…
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Entry of judgment in Nos. 16135 and 16139 temporarily withheld.
PER CURIAM. JUDGMENT
Entry of judgment by this court in the above-entitled cases [Nos. 16135 and 16139] having been temporarily withheld on January 12,1962, to permit the United States to consider whether to consent to the resentenee of the appellants under 18 U.S.C. § 371, and the United States Attorney having filed such consent on behalf of the United States on January 22, 1962, it is now
ORDERED and ADJUDGED by this court that the adjudications of conviction of appellants are hereby affirmed, but the sentences of appellants are hereby vacated and their cases are hereby remanded to the District Court with directions to resentence appellants under Title 18 U.S.C. § 371.
. Other named defendants were Harold Foster, Sylvester Wallace, who entered pleas of guilty at the beginning of the trial, and Ellsworth Hollman who had not been apprehended.
. The penalties for violations of 26 U.S.C. §§ 4705(a) and 4704(a) are assessed under 26 U.S.C. § 7237 (1958), 70 Stat. 568 (1956).
. Whether in the event of a new trial the government elects to proceed under tlie present indictment aided by special1 verdicts, or in the alternative seeks a new indictment, is a determination properly left to the discretion of the United States Attorney.
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United States v. Noah, 475 F.2d 688 (9th Cir. 1973)
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United States v. Orozco-Prada, 732 F.2d 1076 (2d Cir. 1984)
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United States v. Wood, 834 F.2d 1382 (8th Cir. 1987)
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- United States v. Galgano, 281 F.2d 908 (2d Cir. 1960)
- Russell v. United States, 366 U.S. 960 (U.S. 1961)
- Carminati v. United States, 366 U.S. 960 (U.S. 1961)