United States v. Ronald Eugene Davis

Ronald E. Davis appeals from a March 26,1990 judgment sentencing him to thirty-four months in prison, to be followed by two years on probation. Davis alleges (1) that the trial court erred when it calculated his criminal history score by failing to count two “related” cases as one sentence under section 4A1.2(a)(2) of the United States Sentencing Guidelines; and (2) that the trial court erred when it calculated $150,000 to be the “probable or intended” loss resulting from his scheme to defraud Levix-U.S.A. Because neither of Davis’s contentions has merit, we AFFIRM the judgment of the lower court.

FACTUAL AND PROCEDURAL BACKGROUND

On September 19, 1989, a federal grand jury indicted Davis under 18 U.S.C. § 1343 on six counts of wire fraud involving (1) the theft of 1000 ceiling fans valued at $11,800, 24,000 pairs of panty hose valued at $14,-400, one round-trip first-class airline ticket worth $1,148.00, various shop tools worth $13,200, and (2) the attempted thefts of one first-class round-trip airline ticket and $150,000 in precious gems. On January 16, 1990, Davis pled guilty to count IV, a scheme to defraud Levix-U.S.A. of some $110,000 in diamonds and $40,000 in…