No. 89-3263.

906 F.2d 1424 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Angelo IRVIN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 26, 1990.

Attorney(s) appearing for the Case

Charles D. Anderson, Federal Public Defender, and Michael L. Harris, Asst. Federal Public Defender, D. Kansas, Kansas City, Kan., for defendant-appellant.

Benjamin L. Burgess, Jr., U.S. Atty., and Julie A. Robinson, Asst. U.S. Atty., D. Kansas, Kansas City, Kan., for plaintiff-appellee.

Before McKAY and BALDOCK, Circuit Judges, and COOK, Chief District Judge.

McKAY, Circuit Judge.

This case involves a challenge to the district court's application of section 4B1.3 of the United States Sentencing Guidelines.

I. Facts

From approximately May 1, 1988 to October 14, 1988, defendant used fraudulently obtained credit cards to acquire $4,894.72 worth of goods. On June 19, 1989, defendant entered a plea of guilty to mail fraud in violation of 18 U.S.C. § 1341, pursuant to a plea bargain with the government...

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