Opinion
No. 72-3345. Summary Calendar.
Rule 18, 5 Cir.; see Isbell Enterprises, Inc. v. Citizens Casualty Company of New York et al., 5 Cir. 1970, 431 F.2d 409, Part I.
May 8, 1973.
William Tobin, pro se.
Robert W. Rust, U.S. Atty., Harold F. Keefe, Asst. U.S. Atty., Miami, Fla., for plaintiff-appellee.
Appeal from the United States District Court for the Southern District of Florida.
Before JOHN R. BROWN, Chief Judge, and DYER and SIMPSON, Circuit Judges.
Appellant was convicted of importation of marijuana. His contentions that there was insufficient evidence to support his convictions and that statements were taken in violation of Fifth Amendment Rights are without merit.
We agree with appellant's contention that the imposition of a harsher sentence than he received on an earlier trial for the same cause is illegal because imposed as punishment for exercising the right to appeal. We remand to the District Court for proper resentencing under appropriate standards.
Reversed and remanded with directions.