UNITED STATES

v.

SANTOS ET AL.

Citator

Cited By

• United States v. Liguori, 430 F.2d 842 (2d Cir. 1970)
  …the problem of the retroactivity of Leary. Ram-seur v. United States, 425 F. 2d 413 (6 Cir. 1970) (holding Leary is mostly prospective) ; Santos v. United States, 417 F. 2d 340 (7 Cir. 1969) (holding Leary is retroactive), vacated on other grounds, 397 U.S. 46, 90 S.Ct. 811, 25 L.Ed.2d 36 (1970); United States v. Scardino, 414 F. 2d 925 (5 Cir. 1969) (assuming that Leary is not retroactive, nevertheless held that Leary applied to Scardino since his sentence had not been finally ordered) ; Rowell v. United…

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• United States v. Escobedo, 430 F.2d 14 (7th Cir. 1970)
  …s laws resulting from transactions in heroin. . Defendant relies upon Santos v. United States, 417 F. 2d 340 (7th Cir. 1969) as authority for his contention that § 4742 (a) is unconstitutional. However, the Supreme Court in United States v. Santos, 397 U.S. 46, 90 S.Ct. 811, 25 L.Ed. 2d 36 (1970) vacated the prior judgment holding § 4742(a) void and remanded the case for further consideration in light of Buie v. United States, supra. On remand, this court in Santos v. United States, 426 F. 2d 244, 7th Cir…
• Bannister v. United States, 446 F.2d 1250 (3d Cir. 1971)
  …e, the present proceeding must be held to be “timely.” III. Retroactivity We come now to the issue of retro-activity. The law on this point is far from clear. Compare Santos v. United States, 417 F. 2d 340 (7 Cir. 1969), vacated on other grounds, 397 U.S. 46, 90 S.Ct. 811, 25 L.Ed.2d 36 (1970) holding the principle of Leary retroactive,9 with Rivera-Vargas v. United States, 307 F. Supp. 1075 (D.Puerto Rico 1969), holding Leary’s effect to be prospective.10,11 For reasons which follow, we agree with the…

Authorities Cited

• Minor v. United States, 396 U.S. 87 (U.S. 1969)