United States v. Johnny McIntyre Toles

Johnny McIntyre Toles was convicted of attempted bank robbery (18 U.S.C. § 2113(a)) on his plea of guilty. He appeals only his sentence of 51 months imprisonment, arrived at by application of the sentencing guidelines. See United States Sentencing Commission, Guidelines Manual.

His challenge to the Sentencing Commission and the guidelines promulgated by it has been resolved by the Supreme Court in Mistretta v. United States, — U.S. -, 109 S.Ct. 647, 102 L.Ed.2d 714 (1989).

The complaint about the application of the guidelines turns solely on the applicability of section 2X1.1. Toles was…