United States v. Pinnick

47 F.3d 434 (1995)

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United States v. Pinnick

United States Court of Appeals for the District of Columbia Circuit
47 F.3d 434 (1995)

  • Written by Sharon Feldman, JD

Facts

Shannon Pinnick (defendant) was indicted on four counts of fraud for: (1) presenting a counterfeit check to open a brokerage account under the alias Scott Bishop; (2) using a counterfeit check under the alias Scott Bishop to buy a car; (3) using the names James Douglas and Scott Bishop to obtain a credit card and using the card to make purchases; and (4) cashing five counterfeit checks drawn on the account of a Mr. Agbebaku. Pinnick pleaded guilty to the fourth count, and the government (plaintiff) dismissed the first three counts. Finding that the allegations in the three dismissed counts were part of the same course of conduct as the offense of conviction, the district court used the dismissed allegations as relevant conduct under § 1B1.3(a)(2) of the United States Sentencing Guidelines (guidelines), which increased Pinnick’s base offense level, criminal-history score, and prison sentence. Pinnick appealed.

Rule of Law

Issue

Holding and Reasoning (Tatel, J.)

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