United States v. Tobin (478 F.2d 852, 1973)

PER CURIAM:

Appellant was convicted of importation of marijuana. His contentions that there was insufficient evidence to1 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.