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This section contains the nature of the case and procedural background.

Ramirez (D) was charged with conspiracy to import, receive, conceal, and transport marijuana. D was tried and found guilty in June 1972. Congress passed a new law that lessened the sentence for D's crime. That law's effective date was after D's crime but before his indictment. D was convicted, and the trial court sentenced D under the old and more severe law. D appealed: the government cannot initiate a prosecution after the date of repeal of the statute for acts occurring prior to the repeal. In the alternative, D claimed that if the government can initiate a prosecution under the old law, he must be sentenced under the new penalties.

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