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U.S. v. BOLDEN

No. 88-5183.

889 F.2d 1336 (1989)

UNITED STATES of America, Plaintiff-Appellant, v. Millard E. BOLDEN, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided November 22, 1989.

Attorney(s) appearing for the Case

Jennie L. Montgomery, Asst. U.S. Atty. (John R. Alderman, U.S. Atty., on brief) for plaintiff-appellant.

Emanuel Claborn Edwards, for defendant-appellee.

Before WINTER, HALL, and PHILLIPS, Circuit Judges.

HARRISON L. WINTER, Circuit Judge:

The principal question that this appeal presents is whether, under the applicable Sentencing Guidelines, the district court correctly sentenced the defendant to probation without any confinement upon his conviction of two charges of check kiting and two charges of aiding in false statements to a bank. We hold that it did not. It is our view that confinement of some type was mandated, and no basis existed for a downward departure...

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