King
United States v. King
Opinion
Lead Opinion
Fisher, J.
Defendant-Appellant Norman King appeals his conviction and sentence on 19 counts of a 50-count indictment. The indictment charged him with engaging in three mail fraud schemes, using counterfeit postage meter stamps and money laundering. Though he pled guilty to the 19 counts, he now challenges the validity of the plea, as well as the district court’s application of the United States Sentencing Guidelines (“U.S.S.G.”) and the amount of restitution imposed. The government, in addition to disputing King’s contentions, argues that this court lacks jurisdiction to hear the appeal under 28 U.S.C. § 1291 . We conclude that jurisdiction is proper. We affirm the conviction but vacate the sentence and remand for resentencing.
FACTUAL AND PROCEDURAL BACKGROUND
A. The Indictment
On May 10, 1995, a grand jury in the Northern District of California returned an indictment charging King with 40 counts of mail fraud (in violation of 18 U.S.C. § 1341 ), one count of using a counterfeit postage meter stamp (in violation of 18 U.S.C. § 501 ) and nine counts of money laundering (in violation of 18 U.S.C. § 1957 ). The indictment alleged that King had engaged in three fraudulent schemes.