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U.S. v. DAY

No. 91-3432.

943 F.2d 1306 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. William DAY, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

October 4, 1991.

Attorney(s) appearing for the Case

Theda R. James, Asst. Federal Public Defender, Tampa, Fla., for defendant-appellant.

Monte Richardson, Karla R. Spaulding, Edmund W. Searby, Tamra Phipps, Thomas Findley, Asst. U.S. Attys., Tampa, Fla., for plaintiff-appellee.

Before BIRCH, Circuit Judge, DYER, Senior Circuit Judge, and FULLAM, Senior District Judge.

BIRCH, Circuit Judge:

This appeal presents for the first time in this circuit the issue of whether a sentencing court may utilize the sentencing guideline1 associated with a defendant's actual conduct in lieu of the guideline specified for the offense charged. After defendant entered a guilty plea pursuant to a written agreement, the trial court applied the arson guideline rather than the fraud guideline in determining the appellant's...

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