UNITED STATES V. GRAYSON 438 U.S. 41, 98 S.Ct. 2610, 57 L.Ed.2d 582 (1978) CASE BRIEF

UNITED STATES V. GRAYSON

438 U.S. 41 (1978)

NATURE OF THE CASE: This is an appeal from the vacation of a conviction for distributing a controlled substance.

FACTS: Grayson (D) was on trial for distributing a controlled substance. He made several false statements during the trial. The jury found D guilty. In preparation for sentencing, the United States (P) Probation Office prepared a presentence report to give to the judge. At the sentencing hearing, the judge gave D two years imprisonment. He stated his reasoning for giving the imposed sentence, and one reason was D's fabrication at trial. D appealed, and the Court of Appeals vacated the sentence, stating that D should be resentenced without consideration of the false testimony.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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