United States v. Charles E. Sanders

After a waiver of counsel and the entry of a guilty plea to bank robbery, Sanders was sentenced to fifteen years in prison. He appealed and the Supreme Court reversed because he claimed to be under the influence of drugs at the time of the waiver and plea. Sanders v. United States, 373 U.S. 1 , 83 S.Ct. 1068 , 10 L.Ed.2d 148 (1963).

After a new trial he received a twenty-year sentence. We reversed and remanded for resentencing in accord with North Carolina v, Pearce, 395 U.S. 711 , 89 S.Ct. 2072 , 23 L.Ed.2d 656 (1969). United States v. Sanders, No. 22178 (9th Cir. 1969). Sanders appeals from that sentence. We affirm.

When resentencing Sanders the district court judge restated the comments he had made after the second trial, noting that:

The stated reasons fully comply with the requirements of Pearce, supra. It was appropriate for the district court judge to take Sanders’ perjury into account in resentencing, Williams v. New York, 337 U.S. 241, 69 S.Ct. 1079 , 93 L.Ed. 1337 (1948), and the fact that he had not been favorably considered for parole.

The decision of the district court is affirmed.