R. Milo Gilbert v. United States

Appellant’s sole assignment of error is that the Court should have corrected, under Rule 35 F.R.Crim.P., an alleged illegal sentence.

In January, 1960, appellant was convicted on 31 counts for violations of 26 U.S.C. § 7206 (2) and 18 U.S.C. § 1001 . Appellant was sentenced to confinement for a period of one year and one day on each count, with the sentences to run consecutively, a total sentence of 31 years and 31 days. This court reversed on 29 of the counts and the United States Supreme Court reversed on the remaining

2. The remand directed a new trial on each one of the counts.

On the new trial, the appellant was convicted on 12 counts charging violations of 26 U.S.C. § 7206 (2) and on 3 counts charging violations of 18 U.S.C. § 1001 . He was then sentenced to a term of three years on each of the 12 counts charging violations of 26 U.S.C. § 7206 (2) and five years on each of the 3 counts charging violations of 18 U.S.C. § 1001 , with the sentences on all 15 counts to run concurrently, making a total imprisonment of 5 years.

We need not speak on the issue of whether a trial judge, after reversal and a new trial with conviction, may increase the term of imprisonment. Stroud…