U.S. v. FAYETTE

No. 89-5306.

895 F.2d 1375 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Henry FAYETTE, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 8, 1990.


Attorney(s) appearing for the Case

Anthony Carbone and Jon May, Miami, Fla., for defendant-appellant.

Dexter W. Lehtinen, U.S. Atty., Robert Ciaffa, Linda C. Hertz, Carol E. Herman and Harriett R. Galvin, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellee.

Before HATCHETT and EDMONDSON, Circuit Judges, and BRIGHT, Senior Circuit Judge.


HATCHETT, Circuit Judge.

In this sentencing guidelines case, we are asked to determine whether the district court erred when it departed from the Federal Sentencing Guidelines on the basis of post-plea criminal conduct. Holding that the district court should have considered adjusting the criminal history category, instead of making an unguided departure from the Sentencing Guidelines, we vacate the sentence and remand this case to the district court for resentencing...

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