United States v. Howard M. Gering

Gering appeals his conviction of twenty-four counts of mail fraud, 18 U.S.C. § 1341 , and from the orders for restitution and costs of prosecution. He argues: (1) the mail cover violated his first amendment rights; (2) testimony of three witnesses was erroneously admitted; (3) jury instruction 17 impermissibly shifted the burden of proof; (4) the amount of restitution ordered was impermissible under 18 U.S.C. § 3651 ; and (5) costs of prosecution cannot be taxed in addition to maximum fines. We affirm Gering’s conviction and the order to pay costs of prosecution. We reverse the order for restitution.

FACTS AND PROCEEDINGS BELOW

Howard M. Gering is an ordained minister and pastor of the Monroe Bethel Assembly in Monroe, Washington. Gering and his wife served as missionaries to the Pentecostal Church in Indonesia from 1952 through 1966. Gering’s work in Indonesia included publication and distribution of religious books and pamphlets. The publication of some materials was financed through donations and distributed free of charge. Monroe Bethel Assembly financed the publication of other books and pamphlets which were sold. Gering testified at trial that the receipts from sales of…