United States v. Leach

CURRAN, District Judge.

The defendant in the above entitled cause was convicted of robbery. On appeal the Court of Appeals affirmed but a majority of the panel, with Judge Wright writing the opinion and Chief Judge Bazelon concurring, remanded the case to the District Court for a reconsideration of the sentence. Judge Bastían dissented to the remand, stating that there was no reversible error to affect the verdict.

Judge Wright states:

“There is no indication here that the court, in imposing as it did the maximum penalty provided by the statute, made use of any of the aids to sentencing placed…