United States v. John Joseph Clutterbuck

Appellant was convicted of theft of Government property in excess of $100, in violation of 18 U.S.C. § 641 . He was given concurrent sentences of ten years on each of four counts, and on one count he was fined $10,000.

On appeal we found that the Government had “failed to prove the value of the articles stolen under any count exceeded $100.” United States v. Clutterbuck, 421 F.2d 485, 486 (9th Cir. 1970). We noted that the statute under which appellant had been convicted and sentenced provides that, where the value of the property stolen is not shown to be in excess of $100, the maximum sanction is a fine of $1,000 or imprisonment for one year or both. Therefore, we held: “The sentence imposed is set aside and the matter is remanded for resentencing.” Id.

On resentencing pursuant to our remand, appellant was given four consecutive sentences of one year each and a $1,000 fine on each count — a total of four years’ imprisonment and $4,000 fine, substantially less than the penalties originally imposed. ■

On this appeal appellant contends that, since the original sentences on the several counts were concurrent and a fine was imposed on but one count, the resentencing on a…