United States v. Richard G. Naas
Court of Appeals for the Fifth Circuit
1Opinion of the Court
HIGGINBOTHAM, Circuit Judge:
Richard G. Naas appeals the denial of his Rule 35(a), Fed.R.Crim.P., motion to correct an illegal sentence. Finding the district court’s alteration of Naas’ sentence violative of the constitutional guarantee against double jeopardy, we reverse and remand.
I
On November 19, 1975, Richard G. Naas was convicted in federal court of six counts of bank embezzlement. 18 U.S.C. § 656. The district court suspended imposition of sentence on the five counts at issue here 1 and placed Naas on five years of probation. On February 10, 1979, Naas was convicted of second degree…
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