UNITED STATES v. TUCKER

No. 77-1789.

581 F.2d 602 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Howard TUCKER, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 12, 1978.


Attorney(s) appearing for the Case

Charles O. Brizius, Chicago, Ill., for defendant-appellant.

Joseph N. Hosteny, Asst. U. S. Atty., Chicago, Ill., for plaintiff-appellee.

Before SPRECHER and WOOD, Circuit Judges, and REYNOLDS, District Judge.


REYNOLDS, District Judge.

Presented for review in this appeal is the question of the propriety of the lower court's action, following a retrial, of imposing upon the defendant-appellant a sentence that is more severe than the sentence imposed after the initial trial where the defendant-appellant had successfully appealed his first conviction. For the reasons stated below, we find that the second sentence was improperly imposed and remand this action to the lower court...

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