United States v. Mark Christopher Pratt

ARNOLD, Circuit Judge.

Mark Christopher Pratt pleaded guilty to two counts of distributing phencyclidine (PCP) and was sentenced to two consecutive terms of imprisonment for five years. The sentence included, in addition, two consecutive two-year special parole terms and a total fine of $30,000, with the provision that defendant would stand committed if he did not pay the fine. Pratt then moved under Fed.R.Crim.P. 35 to set the sentence aside, claiming that it had been imposed in violation of the Double Jeopardy Clause of the Fifth Amendment because the two counts on which defendant had been…