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U.S. v. FINE

No. 90-50280.

975 F.2d 596 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Robert FINE, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 14, 1992.

Attorney(s) appearing for the Case

Michael J. Treman, Santa Barbara, Cal., for defendant-appellant.

Stephen A. Mansfield, Asst. U.S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Brian H. Getz, San Francisco, Cal., for Northern California Criminal Trial Lawyers Ass'n, as amicus curiae.

Before: WALLACE, Chief Judge, and HUG, SCHROEDER, FLETCHER, FARRIS, D.W. NELSON, BEEZER, WIGGINS, KOZINSKI, THOMPSON, and KLEINFELD, Circuit Judges.

KLEINFELD, Circuit Judge:

We revisit here the issue of what conduct is relevant to a sentence imposed under the sentencing guidelines. Fine was indicted for fourteen counts relating to mail fraud. He pleaded guilty to two. The other twelve were dismissed. The sentencing guidelines make the prison time depend on the amount of money involved in the scheme. Can the money involved in the twelve dismissed counts be considered? Yes.

We had, in the panel decision...

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