Citation Codes Equivalent Citations citation codes Docket Number No. 72-3345. Summary Calendar. Attorney(S) William Tobin, pro se. Robert W. Rust, U.S. , Harold F. Keefe, U.S. , Miami, , for plaintiff- Judges John Robert Brown See more information ... Smart Summary Please sign up to generate summary. UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. WILLIAM TOBIN, DEFENDANT-APPELLANT. PER CURIAM: Appellant was convicted of importation of marijuana. His contentions that there was insufficient evidence to support his convictions and that statements were taken in violation of Fifth Amendment Rights are without merit. We agree with appellant's contention that the imposition of a harsher sentence than he received on an earlier trial for the same cause is illegal because imposed as punishment for exercising the right to appeal. We remand to the District Court for proper resentencing under appropriate standards. Reversed and remanded with directions.