United States v. Rufus Williams

ORDER

The opinion filed on June 26, 1981 is withdrawn and the judgment is vacated. Judgment is hereby re-entered in accordance with the opinion filed this date.

Appeal from the United States District Court for the Southern District of California.

Pursuant to Fed.R.Crim.P. 35, Williams moved the district court to modify his sentence imposed after retrial following his earlier successful appeal. Williams contended that his second sentence was harsher than the original sentence, and that the district judge, in imposing a more severe sentence after retrial, failed to follow the standards enunciated in North Carolina v. Pearce, 395 U.S. 711 , 89 S.Ct. 2072 , 23 L.Ed.2d 656 (1969). The district court denied the Rule 35 motion. Williams appeals. We reverse.

In 1978, a federal jury found Williams guilty of robbing a San Diego branch of the Bank of America. The presentence report disclosed that California authorities were investigating Williams for murder. The district judge sentenced Williams to a twenty-year prison term. Williams would have been eligible for federal parole under 18 U.S.C. § 4205 (a) after serving one third of his sentence — six years and eight months. While the…