UNITED STATES v. GARCIA

Nos. 75-1759, 75-1760.

544 F.2d 681 (1976)

UNITED STATES of America v. Pio GARCIA, Appellant. UNITED STATES of America v. Wilfredo ANTONMARCHI, Appellant.

United States Court of Appeals, Third Circuit.

Decided November 5, 1976.


Attorney(s) appearing for the Case

Roger A. Lowenstein, Federal Public Defender for the Dist. of N. J., Newark, N. J., for appellants.

Jonathan L. Goldstein, U.S. Atty., James A. Plaisted, Asst. U.S. Atty., Newark, N. J. (on the brief), for appellee.

Before SEITZ, Chief Judge, and ALDISERT and GIBBONS, Circuit Judges.


OPINION OF THE COURT

ALDISERT, Circuit Judge.

The major question presented by these consolidated appeals from judgments of sentence on pleas of guilty is whether the sentencing procedures trenched upon appellants' Fifth Amendment right against self-incrimination. We conclude that the procedures did and, accordingly, we vacate the sentences appealed from and remand for resentencing on the pleas previously entered.

As part of a plea agreement with...

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