USA v. Rhonda Jennette Bays, No. 09-16358 (11th Cir. 2010)
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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT JULY 27, 2010 JOHN LEY CLERK No. 09-16358 Non-Argument Calendar ________________________ D. C. Docket No. 09-00144-CR-ORL-19-GJK UNITED STATES OF AMERICA, Plaintiff-Appellee, versus RHONDA JENNETTE BAYS, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida _________________________ (July 27, 2010) Before TJOFLAT, EDMONDSON and BIRCH, Circuit Judges. PER CURIAM: Rhonda Jennette Bays waived indictment and pled guilty (without benefit of a plea agreement) to both counts of an information: Count One, production of child pornography, in violation of 18 U.S.C. §§ 2251(a) and (e); Count Two, conspiracy to travel in interstate commerce for the purpose of engaging in illicit sexual conduct, in violation of 18 U.S.C. § 2423(b) and (e). The district court accepted Bays s guilty pleas and thus convicted Bays of both offenses, but it did not impose a separate sentence on each count. Instead, the court imposed one prison sentence for a total term of 292 months. We vacate the district court s judgment and sentence and remand the case with the instruction that the court impose separate sentences for Counts One and Two. VACATED and REMANDED. 2
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