From Casetext: Smarter Legal Research

United States v. Lutfiyya

United States Court of Appeals, Eighth Circuit
Jun 20, 1994
26 F.3d 1468 (8th Cir. 1994)

Opinion

No. 93-2441

Submitted February 18, 1994.

Decided June 20, 1994.

Anthony Cipriano, St. Louis, MO, arranged, for appellant.

Dorothy L. McMurtry, St. Louis, MO, argued (Edward L. Dowd, Jr. and Dorothy L. McMurtry, on the brief), for appellee.

Appeal from the United States District Court for the Eastern District of Missouri.

Before BOWMAN, HANSEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.


Abe Lutfiyya was indicated for five offenses relating to the production and sale of audio tapes and counterfeit labels that infringed United States copyrights. Pursuant to a written plea agreement and stipulation of facts, he pleaded guilty to one count of conspiracy to distribute the infringing tapes and labels. He appeals his sentence because, he argues, in determining his sentence under the sentencing guidelines the trial court relied on information contained in the presentence report that was not included in the stipulation of facts.

The Honorable Jean C. Hamilton, United States district Judge for the Eastern District of Missouri.

Section 6B1.4(d) of the sentencing guidelines specifies that a court is not bound by the stipulation of facts and may rely on the presentence report to determine the sentence. The plea agreement and stipulation of facts cites Section 6B1.4 in its caption. Lutfiyya claims now that he did not understand the plea agreement and stipulation, but he does not seek to withdraw his plea under Rule 32(d). Fed.R.Civ.P. 32(d). Lutfiyya does not challenge the propriety of the base offense level that the trial court found except to say that it was based on the presentence report rather than on the stipulation. We can find no reason to vacate the sentence imposed by the district court.

The sentence of the trial court is affirmed.


Summaries of

United States v. Lutfiyya

United States Court of Appeals, Eighth Circuit
Jun 20, 1994
26 F.3d 1468 (8th Cir. 1994)
Case details for

United States v. Lutfiyya

Case Details

Full title:UNITED STATES OF AMERICA, APPELLEE, v. ABE S. LUTFIYYA, APPELLANT

Court:United States Court of Appeals, Eighth Circuit

Date published: Jun 20, 1994

Citations

26 F.3d 1468 (8th Cir. 1994)

Citing Cases

U.S. v. Griggs

USSG Section(s) 1B1.3(a); United States v. Galloway, 976 F.2d 414 (8th Cir. 1992) (en banc), cert. denied,…