Reynolds

MEMORANDUM **

Following his conviction on thirteen counts of mail fraud and two counts of witness tampering, R.G. Reynolds was sentenced in 1992 to a twelve-year prison term for pre-guideline counts 1-11, a two-year prison term under the Sentencing Guidelines for counts 14 and 15, and five years of probation for counts 12 and 13 “to run consecutively to” the sentences on the other counts. Reynolds appeals the district court’s denial of his motion for reconsideration of his motion for discharge on probation and restitution.

Reynolds raises three issues on appeal: (1) whether he has served five years of probation; (2) whether the sentencing order mandated that probation run concurrently with parole; and (3) whether, if he completed probation in May 2003, restitution payments made since that time should be returned to him. We affirm the district court’s ruling.

I

The district court’s interpretation of its sentencing order to require Reynolds to begin serving his term of probation after the completion of his parole does not constitute double jeopardy. The district court’s judgment shows that it intended probation on counts 12 and 13 to run consecutive to the entire sentence…