United States v. David Collyer Wright and William R. Joule

Appellants William R. Joule and David Collyer Wright, having been found guilty in a jury trial of conspiracy to possess marijuana in violation of 21 U.S.C.A. §§ 841(a), 846, appeal from their sentences as imposed by the trial court. They argue that the trial court effectively penalized them for exercising their constitutionally guaranteed rights by urging them to “come clean” prior to imposing sentence. We agree and therefore vacate and remand for resentencing.

Appellants Wright and Joule do not challenge their underlying conviction for conspiracy and we therefore need not consider the facts…