United States v. Gabriel C. Romero, United States of America v. Remigio Casteneda Morales

WILLIAM E. DOYLE, Circuit Judge.

These are Cases Nos. 80-1011 and 80-1012, United States v. Gabriel C. Romero and United States v. Remigo Casteneda Morales. The question to be determined in this case involving consolidated appeals has to do with the validity of the district court’s action in increasing the appellants’ sentences, in the course of resentencing the appellants pursuant to the Narcotics Addicts’ Rehabilitation Act (NARA), 18 U.S.C. § 4253(a).

The background facts are as follows: Morales entered a plea of guilty to violations of 21 U.S.C. § 841(a)(1). He was sentenced July 5, 1978 by…