COSTO v. U.S.

No. 89-3646.

904 F.2d 344 (1990)

Eugenio J. COSTO, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided May 24, 1990.


Attorney(s) appearing for the Case

Eugenio J. Costo, El Reno, Okl., pro se.

Kathleen Brinkman, Asst. U.S. Atty., Office of the U.S. Atty., Cincinnati, Ohio, for respondent-appellee.

Before KENNEDY and JONES, Circuit Judges, and DeMASCIO, Senior District Judge.


NATHANIEL R. JONES, Circuit Judge.

Petitioner-appellant Eugenio J. Costo appeals the district court's denial of his motion to vacate, set aside or correct sentence filed pursuant to 28 U.S.C. § 2255 (1982). Because we conclude that Costo's sentence violates the double jeopardy clause of the Fifth Amendment to the United States Constitution, we reverse and remand for re-sentencing.

I.

Eugenio J. Costo, along with co-conspirators, was the subject...

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