United States v. Daniel Everette King

Daniel Everette King appeals a sentence of 14 months imprisonment, arguing that his sentence could not have exceeded six months under a proper application of the newly adopted Sentencing Guidelines.

On December 6, 1987, the defendant ignited a newspaper and put it into a United States mail collection box in Oakland, California, causing the mail inside to catch fire. Later that day, the defendant admitted that he had started the fire in order to destroy a letter that he had mailed to his girlfriend.

On January 28, 1988, the defendant pleaded guilty to count one of the indictment, which charged a violation of 18 U.S.C. § 844 (i) (Supp. IV 1986). The government at that time agreed to the dismissal of count two of the indictment, which charged a violation of 18 U.S.C. § 1705 (1982). On April 4, 1988, the district court imposed a sentence of 14 months imprisonment and two years supervised release with conditions of psychiatric counseling. This expedited appeal followed.

This case presents a narrow question concerning the interpretation of a section of the Federal Sentencing Guidelines of the Sentencing Reform Act of 1984, which were issued pursuant to 28 U.S.C. § 994 (a) (Supp. II…