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United States v. Ramirez

United States Court of Appeals for the Ninth Circuit

480 F.2d 76 (1973)

Relevant factsFree

Ramirez and Ballan (defendants) committed marijuana-related conspiracy offenses under 21 U.S.C. § 176a between March and November 1970. Section 176a was repealed in May 1971 by the Comprehensive Drug Abuse Prevention and Control Act of 1970, but the defendants weren't sentenced until June 1972, under the old, repealed statute's penalties; they appealed, arguing they should have been sentenced under the new, successor penalty provisions, or that sentencing under the repealed provision amounted to cruel and unusual punishment.

IssueFree

Whether a defendant may be sentenced under a repealed statute for acts committed prior to the repeal of a law.

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