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Gustavo Lucio v. United States

Gustavo LUCIO, Appellant, v. UNITED STATES of America, Appellee

Lucio v. United States, 394 F.2d 511 (5th Cir. 1968)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
May 9, 1968
Docket
No. 25672
Judges
Tuttle, Simpson, Brewster, Dis-Rict
Citations
394 F.2d 5111968 U.S. App. LEXIS 7008

Opinion — Per Curiam

PER CURIAM:

The appellant’s post-conviction motion to vacate his federal court sentence for violation of the narcotics laws is predicated upon the sole ground that a disparity between his sentence and that of a co-defendant amounted to a violation of his rights under the due process and equal protection clauses of the Constitution of the United States.

The appellant was found guilty by a jury under two counts and received an eight year sentence on each count, to run concurrently. His co-defendant, an eighteen year old girl, pleaded guilty to one count and received a sentence under the Youth Corrections Act. She was subject to parole, 18 U.S.C. § 5010 (b), while he was not, 26 U.S.C. § 7237 (d).

The trial court had the duty to consider the character, background and extent of participation of each defendant in the transaction, and to treat them as individuals in arriving at a decision as *512 to just sentences. The appellant is in no position to make his co-defendant’s sentence a basis for complaint that his constitutional rights were violated.

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1971: 11975: 11980: 12007: 119712026peak 1971 · 1

Relies on it most ⓘ

  1. Cecil T. Hart v. C. Murray Henderson, Warden449 F.2d 183 (5th Cir. 1971)
  2. Paul Willoughby Granville v. United States613 F.2d 125 (5th Cir. 1980)
  3. Wilkinson v. State322 So. 2d 620 (Fla. Dist. Ct. App. 1975)
  4. United States v. Frazier220 F. App'x 294 (5th Cir. 2007)

Most recent

  1. United States v. Frazier220 F. App'x 294 (5th Cir. 2007)
  2. Paul Willoughby Granville v. United States613 F.2d 125 (5th Cir. 1980)
  3. Wilkinson v. State322 So. 2d 620 (Fla. Dist. Ct. App. 1975)
  4. Cecil T. Hart v. C. Murray Henderson, Warden449 F.2d 183 (5th Cir. 1971)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

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