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UNITED STATES v. DURBIN

No. 76-1201.

542 F.2d 486 (1976)

UNITED STATES of America, Appellee, v. Chester Lee DURBIN, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided October 6, 1976.

Rehearing and Rehearing Denied November 23, 1976.

Attorney(s) appearing for the Case

Q. Bryum Hurst, Jr., Hot Springs, Ark., on brief, for appellant.

W. H. Dillahunty, U. S. Atty. and Kenneth F. Stoll, Asst. U. S. Atty., Little Rock, Ark., on brief, for appellee.

Before HEANEY, ROSS and STEPHENSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 23, 1976.

STEPHENSON, Circuit Judge.

Chester L. Durbin appeals from the district court's1 enhancement of his sentence. The exclusive issue raised in this appeal is whether the Constitution proscribes the imposition of a more harsh sentence upon resentencing when there has been neither a new trial nor a reconviction. Because we conclude that the imposition of a more severe punishment...

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