United States v. Ruben Morales Robles

PRIOR PROCEEDINGS.

Appellant Ruben Morales Robles (Robles) was indicted on May 9, 1974. The indictment charged him with knowingly and intentionally distributing 486 grams of cocaine in violation of 21 U.S.C. § 841 (a)(1).

On August 14, 1974, the case was tried and the jury found Robles guilty as charged. On September 18, 1974, he was sentenced to imprisonment for five years, a $3,000.00 fine, and a five-year term of probation. He appealed and was released on bond pending appeal.

On May 1, 1975, a panel of this court reversed and remanded the case with directions to dismiss the indictment. On October 16, 1975, however, the case was withdrawn from the panel and taken en banc by this court. On July 26, 1976, the en banc court reversed Robles’ conviction and remanded the case for retrial. United States v. Robles, 546 F.2d 798, 804 (9th Cir. 1976). Robles’ petition for writ of certiorari was denied by the United States Supreme Court on February 22, 1977 ( 429 U.S. 1120 , 97 S.Ct. 1155 , 51 L.Ed.2d 571 ).

After remand the case proceeded to trial on April 5, 1977. Robles was again found guilty by the jury. On April 28, 1977, he was sentenced to the exact same sentence as was…