CHANDLER v. UNITED STATES

No. 72-1702 Summary Calendar.

468 F.2d 834 (1972)

Joy M. CHANDLER, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

October 26, 1972.


Attorney(s) appearing for the Case

Pat E. Dwyer, Alice L. Dwyer, El Paso, Tex., for petitioner-appellant.

William S. Sessions, U. S. Atty., San Antonio, Tex., Ralph E. Harris, Asst. U. S. Atty., El Paso, Tex., for respondent-appellee.

Before JOHN R. BROWN, Chief Judge, GOLDBERG and MORGAN, Circuit Judges.


GOLDBERG, Circuit Judge:

In this case we must determine the legality of the action of a district judge, who, when faced with petitioner's motion to reduce or vacate a clearly excessive sentence on one count of a multicount conviction, reduced the sentence on the one count and then raised an otherwise proper and unchallenged sentence on the second count. Finding the trial court's action wholly incompatible with the double jeopardy clause of the Fifth Amendment, we...

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