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U.S. v. KELLY

Nos. 91-50839, 91-50841.

993 F.2d 702 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Eric Francis KELLY, aka Frankie Theison, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 19, 1993.

Attorney(s) appearing for the Case

Scott C. Williams, San Diego, CA, for defendant-appellant.

Phillip L.B. Halpern, Asst. U.S. Atty., San Diego, CA, for plaintiff-appellee.

Before: CANBY and NORRIS, Circuit Judges, and TANNER, District Judge.

WILLIAM A. NORRIS, Circuit Judge:

Eric Kelly challenges his sentence under the Guidelines for counterfeiting steroids. He disputes the district court's measurement of the extent of his fraud and its decision to enhance his sentence for "more than minimal planning" and, at the same time, for his leadership role in the offense. See U.S.S.G. §§ 2F1.1(b)(2) & 3B1.1(a). Kelly also argues that the district court erred in counting a misdemeanor conviction...

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