Legal Opinion
United States v. Pio Garcia, United States of America v. Wilfredo Antonmarchi
Court of Appeals for the Third Circuit
Decided November 5, 1976No. 75-1759, 75-1760PublishedCited by 103 opinions
1Opinion of the Court
OPINION OF THE COURT
ALDISERT, Circuit Judge.
The major question presented by these consolidated appeals from judgments of sentence on pleas of guilty is whether the sentencing procedures trenched upon appellants’ Fifth Amendment right against self-incrimination. We conclude that the procedures did and, accordingly, we vacate the sentences appealed from and remand for resentencing on the pleas previously entered.
As part of a plea agreement with the United States Attorney, Wilfredo Antonmarchi and Pio Garcia each pleaded guilty under 21 U.S.C. § 841(a)(1) to one count of possessing with intent…
2Cases cited7 opinions
- Williams v. New YorkSupreme Court of the United States · 1949
- United States v. TuckerSupreme Court of the United States · 1972
- Estelle v. WilliamsSupreme Court of the United States · 1976
- United States v. Janice Weston, A/K/A Janice WallaceCourt of Appeals for the Ninth Circuit · 1971
- Oscar Poteet v. William Fauver, Warden, New Jersey State PrisonCourt of Appeals for the Third Circuit · 1975
2 more not listed; retrieve them via the Exa API.
3Cited by103 opinions
- People v. FryeCalifornia Supreme Court · 1998
- United States v. Jackie David MillerCourt of Appeals for the First Circuit · 1978
- United States v. William George HowardCourt of Appeals for the Ninth Circuit · 1990
- United States v. John W. McDowell Jr.Court of Appeals for the Third Circuit · 1989
- Government of the Virgin Islands v. Zepp, Jo-Ann. Appeal of Jo Ann ZeppCourt of Appeals for the Third Circuit · 1984
98 more not listed; retrieve them via the Exa API.