United States v. Rhonda Jennette Bays

[DO NOT PUBLISH]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
No. 09-16358 JOHN LEY
Non-Argument Calendar CLERK
________________________
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.
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