Diego Gonzalez v. United States

BIGGS, Circuit Judge.

This case has been before us on two previous occasions. On the first appeal, reported at 1 Cir., 1955, 224 F.2d 431, we reversed an order of the court below refusing to grant a motion made by Gonzalez pursuant to Section 2255, Title 28 U.S.C., to correct a sentence of imprisonment imposed upon him as a second offender for violations of the narcotic laws. We held that Gonzalez could not be sentenced as a second offender, and, in a concurring opinion, Chief Judge Magruder suggested that Gonzalez’ victory might turn out to be a “hollow one,’* for upon resentencing the trial…