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UNITED STATES v. ESPINOZA

No. 72-3389.

481 F.2d 553 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Eliseo ESPINOZA, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 3, 1973.

Attorney(s) appearing for the Case

John J. Pichinson, Corpus Christi, Tex., for defendant-appellant.

Anthony J. P. Farris, U. S. Atty., Ellis McCullough, Robert G. Darden, Asst. U. S. Attys., Houston, Tex., for plaintiff-appellee.

Before GOLDBERG, CLARK and RONEY, Circuit Judges.

GOLDBERG, Circuit Judge:

This appeal presents the question of whether a sentencing judge, after announcing a rather long sentence, can refuse to permit a defendant to rebut factually the reasons stated orally by the judge for the sentence when defendant claims that the reasons are factually erroneous. Finding that the court below erred in refusing defendant this opportunity, we vacate the sentence and remand for resentencing...

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