United States v. Gerald Vontsteen, A/K/A Skip Vontsteen

W. EUGENE DAVIS, Circuit Judge:

Gerald Vontsteen appeals his sentence, claiming a due process violation under North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969). A panel of this court gave plenary review to Vontsteen’s claims and affirmed the sentence. Upon rehearing en banc, we, too, affirm Vontsteen’s sentence, but hold only that the district court's sentence did not amount to plain error.

I

A jury convicted Gerald Vontsteen in January 1988 on twenty-one counts of aiding and abetting mail fraud (in violation of 18 U.S.C. §§ 1341 and 1342) and one count of transporting…