William J. Brennan, Jr.

“ Their successful attacks upon their sentences brought on these new indictments for all three statutory offenses. I can think of no plausible reasons for this tactic except to increase the pressure on appellees to plead guilty by raising the threat of cumulative sentences, or to punish them for asserting their rights to challenge their original sentences. The Government offered to abandon this tactic and limit prosecution to 26 U.S.C. § 4704 (1964 ed.) only on rehearing, after the prosecution seemed imperiled.
Government tactics of this kind raise very serious questions for me. Cf. Green v. ”