United States v. Raymond M. Gray

Raymond M. Gray (Gray) appeals from the judgment entered following his conviction for failure to appear for sentencing. 18 U.S.C. §§ 3146 (a) and (b)(1988 Supp.). Gray seeks reversal on the following grounds:

(1) The reassignment of his case violated local rules governing assignment of cases and denied him due process;

(2) The district court should not have allowed his former attorney to testify that he informed Gray of the date of his sentencing hearing;

(3) Rebuttal arguments made by the Assistant United States Attorney were improper because they were not based upon facts adduced at trial, exceeded the allowable scope of rebuttal, and improperly called attention to the fact that Gray did not testify.

Alternatively, Gray seeks resentencing on the following grounds:

(1) He should have been sentenced under the Sentencing Guidelines;

(2) His sentence was improper because it was based on erroneous information.

We affirm the conviction, but remand for resentencing under the Sentencing Guidelines.

I

BACKGROUND

In July 1986, Gray was indicted for conspiracy to commit a series of bank fraud offenses connected to his activities as Chairman of the Board of Directors of Home…