United States v. Anthony J. Munich

Appellant challenges the denial of his motion under Rule 35, Federal Rules of Criminal Procedure, for correction of sentence.

In 1960 appellant was charged with selling or possessing narcotics in violation of 21 U.S.C. § 174 . He pleaded guilty and was sentenced to 20 years in prison.

Appellant’s conviction was reversed after he had served approximately four years of his sentence. Munich v. United States, 337 F.2d 356 (9th Cir. 1964). In 1964 he was reindicted on the charge to which he had originally pleaded guilty (count 1) and also with additional offenses under the same statute. He was tried, convicted on three counts, including count 1, and was sentenced to 16 years on each of the three counts, the terms to run concurrently.

1. Appellant argues that his sentence under count 1 of the 1964 indictment failed to give him credit for the four years he had served pursuant to his sentence for the same offense under the 1960 indictment.

If true, this would violate the Double Jeopardy Clause of the Fifth Amendment. North Carolina v. Pearce, 395 U.S. 711, 718-719 , 89 S.Ct. 2072 , 23 L.Ed.2d 656 (1969). In the absence of evidence justifying a longer sentence, and no such evidence was…