U.S. v. ESKE

No. 90-1282.

925 F.2d 205 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Gary W. ESKE, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided February 15, 1991.


Attorney(s) appearing for the Case

Matthew V. Richmond, Asst. U.S. Atty., Office of U.S. Atty., Milwaukee, Wis., for U.S.

Mary E. Gentile, Chicago, Ill., for defendant-appellant.

Before WOOD, Jr., and CUDAHY, Circuit Judges, and ESCHBACH, Senior Circuit Judge.


ESCHBACH, Senior Circuit Judge.

In this direct criminal appeal, we must decide whether uncharged criminal conduct to which the defendant has stipulated pursuant to a plea agreement may be used in determining the appropriate sentencing guideline range under the Federal Sentencing Guidelines, as amended November 1, 1989 ("Sentencing Guidelines"). Our jurisdiction is based upon 28 U.S.C. § 1291. We conclude the use of the uncharged activity in calculating the appropriate...

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