United States v. Robin F. Wills

OVERVIEW

Robin Fredrick Wills appeals his sentence following his guilty plea to one count of credit card fraud under 18 U.S.C. § 1029 (a)(2) (Supp. II 1984). Wills contends that under the sentencing guidelines the trial judge had no discretion but to order that Wills serve his sentence consecutively to an unrelated state sentence, and that failure to advise him of this fact at his plea hearing violated Rule 11 of the Federal Rules of Criminal Procedure. Wills also contends that the trial judge incorrectly calculated his sentence under the guidelines. We affirm.

FACTS AND PROCEEDINGS

At the time of this offense, Wills was incarcerated at the Idaho State Correctional Institution at Boise for an unrelated state offense. Wills obtained various credit card numbers from a credit company by posing as a corporation. Through an outside co-defendant, Kimberly Ann Stark Story (“Stark”), he contacted a private investigator. Stark convinced the investigator to withdraw cash from the banks corresponding to the credit card numbers. The investigator agreed to perform the transactions after being told that Stark was working for a famous billionaire who needed to make payments to a certain woman…