U.S. v. LAWTON

Nos. 98-30267, 98-30283.

193 F.3d 1087 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Rex Alan LAWTON III, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Margaret Marie Baheza, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 27, 1999.


Attorney(s) appearing for the Case

Stephen R. Hormel, Federal Public Defenders, and Christina Gerrish, Student, Spokane, Washington, for defendant-appellant Lawton; Steven Mahaffy, Moscow, Idaho, for defendant-appellant Baheza.

James M. Peters, Assistant United States Attorney, and Lindsay Messick, Extern, Boise, Idaho, for the plaintiff-appellee.

Before: GOODWIN, REAVLEY, and McKEOWN, Circuit Judges.


GOODWIN, Circuit Judge:

This case requires us to determine the proper purposes for which a judge under the Sentencing Guidelines can consider real offense conduct outside the scope of the charges included in a plea agreement. We recognize that the Guidelines are premised upon a delicate balance between real offense and charge offense sentencing. See USSG § 1A4(a), p.s. Maintaining this balance is particularly difficult, and particularly important, in the...

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