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UNITED STATES v. POLK

No. 89-5449.

905 F.2d 54 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Oscar Theodore POLK, III, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 1, 1990.

Attorney(s) appearing for the Case

Harold J. Bender, Charlotte, N.C., for defendant-appellant.

Thomas J. Ashcraft, U.S. Atty., Carl Horn, Chief Asst. U.S. Atty., Charlotte, N.C., for plaintiff-appellee.

Before RUSSELL, WIDENER, and HALL, Circuit Judges.

DONALD RUSSELL, Circuit Judge:

Oscar Theodore Polk, III, pleaded guilty to eight counts of mail and wire fraud (18 U.S.C. §§ 1341 and 1343). Five of these offenses occurred prior to November 1, 1987, the effective date of the Federal Sentencing Guidelines, while three occurred after that date. The district court held that the Guidelines apply only to offenses occurring on or after November 1, 1987, and sentenced...

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