Is a harsher sentence for a defendant's assertion of his right to trial a punishment for his assertion that he did not have a fair trial?
MultiRegion, United States of America
The following excerpt is from U.S. v. McKinney, 51 F.3d 283 (9th Cir. 1995):
"Whether harsher sentences were imposed as a punishment for a defendant's assertion of his right to trial is a mixed question of law and fact which we review de novo." United States v. Morris, 827 F.2d 1348, 1352 (9th Cir.1987), cert. denied, 484 U.S. 1017 (1988).
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