United States v. William Richard Minor

AMENDED OPINION

William Richard Minor appeals from an order of the district court resentencing him for crimes connected with a scheme to manufacture and distribute bootleg Elvis Presley phonograph records. We consider the legality of the sentences and the district court’s jurisdiction to impose them.

Facts

Minor was convicted by a jury of six counts of criminal copyright infringement under 17 U.S.C. § 506 (a) (Supp. Y 1981), two counts of interstate transportation of stolen property under 18 U.S.C. § 2314 (1982), and one count of conspiracy to commit these offenses under 18 U.S.C. § 371 (1982). On June 20, 1983, the district court sentenced Minor to four years in prison and fined him $10,000 on the conspiracy count and each of the two stolen property counts, the latter sentences to run concurrent with each other but consecutive to the conspiracy sentence. On the first copyright infringement count the court imposed a one-year sentence with incarceration for the first six months and the balance suspended, five years of probation, and a fine of $10,-000. The district court ordered this sentence to run consecutive to those imposed on the stolen property and conspiracy counts. On…