Diego Gonzalez v. United States Book Reviews

Diego Gonzalez v. United States by United States Court of Appeals First Circuit Book Summary

This is an appeal from a judgment resentencing the defendant, Gonzalez, for violations of the narcotics laws. In a previous appeal, reported at 1 Cir., 1955, 224 F.2d 431, we reversed an order of the court below refusing to grant a motion made by Gonzalez pursuant to Section 2255, Title 28 U.S.C., to correct a sentence of imprisonment imposed upon him as a second offender. It is enough to state here that we held Gonzalez could not be sentenced as a second offender. In a concurring opinion, Chief Judge Magruder suggested that our decision might prove a "hollow gesture" insofar as Gonzalez was concerned, for upon resentencing the trial court could impose on him as long a period of imprisonment as before simply by sentencing on the counts of the multicount indictment consecutively instead of concurrently as initially. A petition for rehearing was filed, requesting that we specify that on resentencing the court below should reduce the length of the sentences without changing the original requirement that they be served concurrently, and asserting that to sentence Gonzalez de novo would be illegal. We denied this petition.

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Diego Gonzalez v. United States (United States Court of Appeals First Circuit) Book Reviews 2024

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