United States v. Steven Jay Radmall

Defendant Steven Jay Radmall pleaded guilty to mail fraud (count I), bank fraud (count II), and perjury (count III). He was sentenced to 42 months’ imprisonment on count I, and concurrent terms of 12 months on counts II and III, with a five-year term of supervised release. In an earlier appeal, his conviction on count I was reversed, and his case remanded for resentencing. See United States v. Radmall, 246 F.3d 678 , 2000 WL 1888823 (9th Cir.2000) (unpublished). On resentencing, the district court sentenced him to 42 months on count II and a concurrent 12 months on count III, with five years supervised release. Radmall now appeals, contending that increasing his sentence on count II from 12 to 42 months violated the Double Jeopardy Clause. He also appeals the district court’s denial of leave to withdraw his guilty plea to counts II and III. We affirm the judgment of the district court.

I. PROCEDURAL BACKGROUND

This is Radmall’s third appeal. He appealed his original sentence and it was affirmed. See United States v. Radmall, 152 F.3d 931 , 1998 WL 399626 (9th Cir.1998) (unpublished). Radmall then collaterally attacked his conviction and sentence in the district court…