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UNITED STATES v. WRIGHT

No. 75-2794.

533 F.2d 214 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. David Collyer WRIGHT and William R. Joule, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 9, 1976.

Attorney(s) appearing for the Case

M. Kenneth Woodward, Jr., Houston, Tex., for Wright.

Gerald H. Goldstein, San Antonio, Tex., for Herrell & Joule.

Edward B. McDonough, Jr., U. S. Atty., James R. Gough, Jr., Asst. U. S. Atty., Houston, Tex., for plaintiff-appellee.

Before THORNBERRY and AINSWORTH, Circuit Judges, and HOFFMAN, District Judge.

PER CURIAM:

Appellants William R. Joule and David Collyer Wright, having been found guilty in a jury trial of conspiracy to possess marijuana in violation of 21 U.S.C.A. §§ 841(a), 846, appeal from their sentences as imposed by the trial court. They argue that the trial court effectively penalized them for exercising their constitutionally guaranteed rights by urging them to "come clean" prior to imposing sentence. We agree and therefore vacate and remand...

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