Odom v. United States, 400 U.S. 23 (1970)

Odom v. United States


No. 300


Decided November 9, 1970
400 U.S. 23

CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

Syllabus

Greater severity of petitioner’s second sentence, as Court learned after granting certiorari on issue of retroactivity of North Carolina v. Pearce, 395 U.S. 711, was based on petitioner’s conduct (specifically referred to at resentencing) after the first sentencing; writ is therefore dismissed as improvidently granted.

403 F.2d 45, certiorari dismissed.