Showing posts with label 98 S.Ct. 2610. Show all posts
Showing posts with label 98 S.Ct. 2610. Show all posts

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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