U.S. v. LABAT

Nos. 89-3326, 89-3329 and 89-3330.

915 F.2d 603 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. James T. LABAT, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 28, 1990.


Attorney(s) appearing for the Case

Robin D. Fowler, Asst. U.S. Atty. (Kim I. Martin, Asst. U.S. Atty., and Lee Thompson, U.S. Atty., on the brief), Wichita, Kan., for plaintiff-appellee.

Cyd Gilman, Asst. Federal Public Defender, Wichita, Kan., for defendant-appellant.

Before MOORE, SETH and ANDERSON, Circuit Judges.


JOHN P. MOORE, Circuit Judge.

The single issue raised in this case is whether the district court erred in imposing a fine totalling $110,823.95 under U.S.S.G. § 5E1.2(i). Because the district court's decision to impose a fine for the purpose of offsetting the costs of incarceration after refusing to impose a punitive fine is inconsistent with the guidelines, we vacate the fine.

James Labat pled guilty to one count of conspiracy to possess cocaine with...

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