(DOWNLOAD) "United States v. Carty" by United States Court of Appeals for the Fifth Circuit ~ Book PDF Kindle ePub Free

eBook details

Title: United States v. Carty
Author : United States Court of Appeals for the Fifth Circuit
Release Date : January 13, 1971
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 55 KB

Description

Appellant was found guilty on one count (count 1) of transporting a stolen motor vehicle interstate, 18 U.S.C. Â§ 2312 (1970), and three counts (counts 2, 3 and 4) of interstate transportation of stolen firearms, 18 U.S.C. Â§Â§ 922(i), 924(a) (Supp.1971). He was sentenced by the trial judge to five years on each count, with counts 1 and 2 running consecutively, count 3 running concurrently with count 1, and count 4 running concurrently with count 2, for a total of ten years. Appellant contends he was given a sentence that is ""unreasonable and severe"" because he chose to exercise his constitutional right to plead not guilty and demand a jury trial. In support of this contention, he contrasts his sentence with that of his codefendant who pled guilty and was sentenced under the Youth Corrections Act, 18 U.S.C. Â§ 5010(b) (1969). The sentencing process may not, of course, be used to punish the accused for exercising his constitutional rights, Baker v. United States, 5th Cir., 412 F.2d 1069, cert. denied, 396 U.S. 1018, 90 S. Ct. 583, 24 L. Ed. 2d 509 (1970). The record in this case does not, however, support appellant's contention. We note the following points in holding that the trial judge did not abuse his discretion in sentencing appellant: The ten year sentence imposed was within the statutory limit, see Baker v. United States, supra, and Marin v. United States, 5th Cir. 1965, 352 F.2d 174; Carty had a prior felony conviction while his codefendant had no prior record; and the trial judge had the benefit of a presentence report on appellant. Moreover, appellant and his codefendant were sentenced by different judges.