United States v. Caston Book Reviews

United States v. Caston by Fifth Circuit United States Court Of Appeals Book Summary

Osban Caston, a professional car thief on parole for a prior offense, was indicted on May 31, 1978, in the Northern District of Texas and on September 5, 1978, in the Northern District of Georgia. In the Georgia indictment, Caston was charged with twelve counts of violating 18 U.S.C. §§ 2, 2312, 2313, and 2314 by transporting stolen automobiles in interstate commerce, causing stolen automobiles to be transported in interstate commerce, concealing and selling stolen automobiles, causing stolen automobiles to be concealed and sold, and knowingly causing counterfeited automobile certificates of title to be transported in interstate commerce. Similarly, the five-count Texas indictment charged Caston with causing stolen automobiles to be transported in interstate commerce in violation of 18 U.S.C. §§ 2 and 2312. In January 1979, the Texas case was transferred to the Northern District of Georgia under Fed.R.Crim.P. 20. A plea bargain agreement was negotiated. Caston, who had previously entered a plea of not guilty, then pleaded guilty to six counts of the Georgia indictment and three counts of the Texas indictment; the other counts were dismissed. The district judge sentenced Caston to five years confinement under each count with some sentences running concurrently and some consecutively; the total sentence was 30 years. Caston apparently did not like the way his plea bargain turned out, and he appealed his conviction to this court. He argues that his guilty plea should be set aside because in accepting his guilty plea, the district court did not comply fully with the requirements of Fed.R.Crim.P. 11. He next asserts that the consecutive sentences imposed by the district judge were barred by the double jeopardy clause of the fifth amendment. Although the first question is a close one, we affirm.

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