UNITED STATES V. RAMIREZ
480 F.2d 76 (9th Cir. 1973)
NATURE OF THE CASE: This was an appeal from a conviction of conspiracy.
FACTS: Ramirez (D) was charged with conspiracy to import, receive, conceal, and transport
marijuana. D was tried and found guilty in June 1972. Congress passed a new law that
lessened the sentence for D's crime. That law's effective date was after D's crime but
before his indictment. D was convicted and the trial court sentenced D under the old and
more severe law. D appealed: the government cannot initiate a prosecution after the date of
repeal of the statute for acts occurring prior to the repeal. In the alternative, D claimed
that if the government can initiate a prosecution under the old law he must be sentenced
under the new penalties.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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