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U.S. v. FRY

No. 86-4094.

831 F.2d 664 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Phillip S. FRY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided October 22, 1987.

Rehearing and Rehearing Denied December 7, 1987.

Attorney(s) appearing for the Case

Thomas M. Dawson (argued), Leavenworth, Kan., Mary Jane McFadden, Dublin, Ohio, Paul A. Weick, Cuyahoga Falls, Ohio, for defendant-appellant.

Dana Boente, Asst. U.S. Atty., Columbus, Ohio, Michael L. Paup, Lead Counsel, Chief, Appellate Section, Roger M. Olsen, Asst. Atty. Gen., Tax Div., Dept. of Justice, Washington, D.C., Robert Lindsay, Gail Brodfuehrer (argued), for plaintiff-appellee.

Before LIVELY, Chief Judge, MILBURN and RYAN, Circuit Judges.

Rehearing and Rehearing En Banc Denied December 7, 1987.

LIVELY, Chief Judge.

The significant question in this case is whether the district court fulfilled the requirements of Rule 32(c)(3)(D), Fed.R.Crim.P., in sentencing the defendant. The case reaches us on appeal from the denial of a motion for resentencing, withdrawal of guilty plea, or reduction of sentence.

I.

Defendant Phillip Fry was charged in a seventeen-count indictment with conspiracy...

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