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U.S. v. FRITSCH

No. 89-5003.

891 F.2d 667 (1989)

UNITED STATES of America, Appellee, v. John R. FRITSCH, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 12, 1989.

Attorney(s) appearing for the Case

Scott F. Tilsen, Minneapolis, Minn., for appellant.

Douglas R. Peterson, Minneapolis, Minn., for appellee.

Before ARNOLD and BEAM, Circuit Judges, and HENLEY, Senior Circuit Judge.

BEAM, Circuit Judge.

John R. Fritsch appeals his three-month sentence imposed by the district court1 following his plea of guilty to theft of mail by a postal service employee in violation of 18 U.S.C. § 1709 (1982). Fritsch asserts for the first time in this appeal that the Sentencing Guidelines are invalid as applied to him because they do not provide statutorily mandated guidance regarding sentences of probation. Fritsch failed...

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