Saldana v. United States, 365 U.S. 646 (1961)

Saldana v. United States

No. 176

Argued March 20, 1961
Decided April 3, 1961
365 U.S. 646

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

Syllabus

Petitioner was convicted on four counts of a five-count indictment charging offenses under the narcotics laws. The Solicitor General suggested to this Court that the combination of circumstances in the case, beginning with one judge’s clearly expressed intention to impose a five-year sentence and ending with another judge’s imposition of a twenty-year sentence, was not consistent with the orderly administration of criminal justice in the federal courts.

Held: a due regard for the fair administration of justice requires that the convictions under Counts 3, 4 and 5 be set aside; but the conviction under Count 2, to which petitioner originally pleaded guilty, is affirmed. Pp. 646-647.

274 F.2d 352 affirmed in part and reversed in part.