Does Section V of the Criminal Code need to be amended to allow the sentencing judge to reconsider the Fifth and Sixth Amendment claims?
MultiRegion, United States of America
The following excerpt is from Baumann v. U.S., 692 F.2d 565 (9th Cir. 1982):
Contrary to the majority's view, as expressed in Section V, I believe that the sentencing judge should be asked to reconsider these Fifth and Sixth Amendment claims in light of Estelle v. Smith, 451 U.S. 454, 101 S.Ct. 1866, 68 L.Ed.2d 359 (1981), decided while the instant case was on appeal to our court. Therefore, I would not actively reach for these constitutional issues but would reverse and remand the matter to the district court for further proceedings.
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