UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
PHILIP WILLIAM MCKINNEY, DEFENDANT-APPELLANT
In the previous appeal of this case we affirmed the judgment of the District Court but remanded for the purpose of reconsidering the five-year-sentence which was the maximum sentence provided by statute, because we were of the view that it was excessive and out of proportion to the offense. We retained jurisdiction to consider the sentence imposed upon the remand. United States v. McKinney, 427 F. 2d 449 (6th Cir. 1970).
Upon remand, the District Court imposed the same maximum sentence. The Court, however, did not have the benefit of our subsequent decision in United States v. Daniels, 446 F. 2d 967 (6th Cir. 1971).
We again remand for further consideration of the sentence in the light of Daniels.
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Woosley v. United States, 478 F.2d 139 (8th Cir. 1973)
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United States v. Eliseo Espinoza, Jr., 481 F.2d 553 (5th Cir. 1973)
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United States v. Brubaker, 663 F.2d 764 (7th Cir. 1981)
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- United States v. Daniels, 446 F.2d 967 (6th Cir. 1971)
- United States v. McKINNEY, 427 F.2d 449 (6th Cir. 1970)