United States of America, Plaintiff-appellee, v. James Diamond Wainwright, A/k/a Curtis D. Wilson, A/k/aderrick Davis, Defendant-appellant, 961 F.2d 221 (10th Cir. 1992)

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this panel. See Fed. R. App. P. 34(e); 10th Cir.R. 34.1.9. The cause is therefore ordered submitted without oral argument.

This is an appeal from the denial of a motion to correct sentence. Defendant maintains he should have been sentenced under the guidelines because the crime to which he pled guilty was a "straddle" offense which commenced before the effective date of the guidelines and ended thereafter. His basic premise is erroneous.

Although defendant was charged in a multi-count indictment with a series of bank frauds which extended beyond the effective date of the guidelines, the count to which he pled was a discrete crime which was completed prior to November 1, 1987. That fact is not altered because he thereafter participated in another fraudulent transaction. Accordingly, the district court correctly applied a non-guideline sentence. The mandate shall issue forthwith.

AFFIRMED.