Glen Dale Castle v. United States

THORNBERRY, Circuit Judge. For the third time, Appellant Castle comes to this Court as a result of his 1960 conviction for transporting five forged American Express money orders in interstate commerce in violation of 18 U.S.C. § 2314. The indictment contained five counts, making each of the money orders constitute a separate offense. Castle was convicted on all five counts and sentenced to ten years' imprisonment on the first count and five years on counts two through five. Counts two through five were concurrent, but consecutive to count one, making a total of fifteen years' imprisonment. This Court affirmed the conviction, 287 F.2d 657, reasoning that the transportation of each money order was a separate offense and that therefore the trial judge had not imposed a multiple sentence for a single transportation. The Supreme Court disagreed and held that Castle was guilty of only one offense. Our judgment was vacated and the case remanded to the district court ""for resentencing in accordance with this opinion."" 368 U.S. 13, 82 S. Ct. 123, 7 L. Ed. 2d 75. On remand, appellant was resentenced to ten years' imprisonment and fined $10,000.1 He again appealed to this Court but we affirmed the conviction, reasoning that the trial judge correctly limited the proceedings to resentencing and that ""the sentence was in accordance with the mandate of the Supreme Court and the applicable provisions of law."" 304 F.2d 871.