United States v. Frierson, Jerome

OPINION OF THE COURT

STAPLETON, Circuit Judge:

Jerome Frierson appeals from a judgment of sentence imposed after he pled guilty to bank robbery by intimidation in violation of 18 U.S.C. § 2113(a). Frierson raises two important issues concerning application of the Sentencing Guidelines. First, we must determine whether conduct that is “relevant” to the offense of conviction, and is charged in the indictment but dropped pursuant to a plea agreement, may be used by the sentencing judge in adjusting the offense level for a specific offense characteristic. Second, we must address certain aspects of…