United States v. Gerald Edick

ON PETITION FOR CLARIFICATION OR REHEARING

The court’s opinion of May 22, 1979, reported at 597 F.2d 672 , is withdrawn. The government’s petition for rehearing or clarification and the defendant-appellant’s petition for rehearing are granted. The following disposition replaces the court’s earlier opinion.

Edick appeals the district court’s order denying his motion to correct an illegal sentence following his conviction for violating the National Firearms Act, 26 U.S.C. § 5861 (d) and (i). He contends that the consecutive sentences imposed were illegal because they arose from a single transaction which violated two closely related provisions of the Act. He also asserts that the initial sentence was invalid as a “split sentence” contrary to the provisions of 18 U.S.C. § 3651 .

We agree that the consecutive sentences were illegal. The sentences are vacated, and the cause remanded for further proceedings consistent with this opinion.

FACTS

Edick was convicted on a two-count indictment of possession of an unregistered sawed-off shotgun, in violation of 26 U.S.C. § 5861 (d), and of possession of the same firearm not identified by serial number, in violation of 26 U.S.C. § 5861…