United States v. Saul Sanford

Appellant, Saul Sanford, appeals from separate convictions for the crime of possession and concealment of counterfeit notes and the crime of transfer and delivery of such notes. He was sentenced to serve three years for the first offense and two years for the second offense, the sentences to run consecutively. On the facts of this case, the two offenses charged were in reality only one offense for which consecutive sentences are improper. Accordingly, we vacate the sentences imposed and remand for resentencing.

I. FACTS AND PROCEDURAL CONTEXT

On December 10, 1980, appellant Saul Sanford was charged in one count with possession and concealment of counterfeit Federal Reserve notes under 18 U.S.C. § 472 , and in a second count with transfer and delivery of such notes under 18 U.S.C. § 473 . In a recorded telephone conversation, appellant had agreed to meet Leroy Jones, the key prosecution witness, at a doughnut shop in Oakland at noon on December 2, 1980. A Secret Service agent searched Jones and his car, and followed him to the meeting place. Jones was then seen entering Sanford’s car near the doughnut shop. Jones returned immediately from the meeting with twenty counterfeit…