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UNITED STATES v. WALKER

No. 9710.

346 F.2d 428 (1965)

UNITED STATES of America, Appellee, v. Elmer Wilson WALKER, Appellant.

United States Court of Appeals Fourth Circuit.

Decided May 25, 1965.

Attorney(s) appearing for the Case

Albert R. Turnbull, Norfolk, Va. (Court-assigned counsel) [Fine, Fine, Legum, Schwan & Fine, Norfolk, Va., on brief], for appellant.

Harold Gavaris, Asst. U. S. Atty. (C. V. Spratley, Jr., U. S. Atty., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and BRYAN and BELL, Circuit Judges.

ALBERT V. BRYAN, Circuit Judge.

The ultimate sentence pronounced by the District Court on his conviction, Elmer Wilson Walker tells us, is invalid under the Fifth Amendment because it punishes him twice for the same offense, in that it increases the term of his original sentence. United States v. Benz, 282 U.S. 304, 307, 51 S.Ct. 113, 75 L.Ed. 354 (1931); Ex parte Lange, 18 Wall. 163, 168, 85 U.S. 163

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