U.S.
v.
Mafnas

This case is not covered by Casetext's citator
United States Court of Appeals, Ninth CircuitJun 14, 2007
234 Fed. Appx. 614 (9th Cir. 2007)

No. 06-10138.

Submitted June 4, 2007.

This panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed June 14, 2007.

Timothy E. Moran, Esq., Office of the U.S. Attorney, Saipan, MP, for Plaintiff-Appellee.

Howard Trapp, Esq., Hagatna, GU, for Defendant-Appellant.

Appeal from the United States District Court for the Northern Mariana Islands, Alex R. Munson, Chief District Judge, Presiding. D.C. No. CR-04-00038-1-ARM.

Before: THOMPSON, BERZON, and TALLMAN, Circuit Judges.



MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

There was no double jeopardy. Mafnas received credit for the time he served in prison during the post-verdict, pre-sentencing period. See 18 U.S.C. § 3585(b)(1). So, the disturbing allegations concerning the conditions at the Guam prison notwithstanding, the postverdict, pre-sentence detention was part of rather than in addition to the 235-month sentence he received as a result of his conviction. There was therefore no double punishment for a single crime to justify dismissal of the indictment, see North Carolina v. Pearce, 395 U.S. 711, 717, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969), overruled on other grounds by Alabama v. Smith, 490 U.S. 794, 795, 109 S.Ct. 2201, 104 L.Ed.2d 865 (1989), and the conviction is

AFFIRMED.