United States v. Peter Allen Hagler

Hagler was convicted of thirteen counts of a twenty count indictment for credit card fraud ( 18 U.S.C. § 1341 ), and sentenced to one year and a fine of $1,000 on Count 15, with sentence suspended as to the other counts conditioned on five years’ probation. He was also ordered to make restitution of $77,000. By per curiam decision in United States v. Hagler, 708 F.2d 354 (9th Cir.1982), this court reversed his conviction on five of the counts, including Count 15, and the case was remanded to the district court for resentencing. Hagler was thereafter resentenced to one year on Count 16 and fined $1,000, and given similar concurrent sentences and fines on the remaining counts, with execution of sentence suspended conditioned on five years’ probation. The same provisions were made for requiring restitution of $77,000. He again appeals.

Hagler contends that the resentenc-ing amounts to vindictiveness in violation of his rights to due process, citing North Carolina v. Pearce, 395 U.S. 711 , 89 S.Ct. 2072 , 23 L.Ed.2d 656 (1969). But the situation here is quite different from that in Pearce . In this case there is no net increase in his punishment. He remained convicted of eight of the…