Gustavo Lucio v. United States
Cases that cite this one
4 later published cases cite this decision.
- United States v. Frazier (5th Cir. 2007)
- Paul Willoughby Granville v. United States (5th Cir. 1980)
- Wilkinson v. State (Fla. Dist. Ct. App. 1975)
- Cecil T. Hart v. C. Murray Henderson, Warden (5th Cir. 1971)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
The appellant’s post-conviction motion to vacate his federal court sentence for violation of the narcotics laws is predicated upon the sole ground that a disparity between his sentence and that of a co-defendant amounted to a violation of his rights under the due process and equal protection clauses of the Constitution of the United States.
The appellant was found guilty by a jury under two counts and received an eight year sentence on each count, to run concurrently. His co-defendant, an eighteen year old girl, pleaded guilty to one count and received a sentence under the Youth Corrections Act. She was subject to parole, 18 U.S.C. § 5010(b), while he was not, 26 U.S.C. § 7237(d).
The trial court had the duty to consider the character, background and extent of participation of each defendant in the transaction, and to treat them as individuals in arriving at a decision as *512 to just sentences. The appellant is in no position to make his co-defendant’s sentence a basis for complaint that his constitutional rights were violated.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.