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U.S. v. MILLER

No. 1201, Docket 92-1655.

993 F.2d 16 (1993)

UNITED STATES of America, Appellee, v. Robert W. MILLER, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 12, 1993.

Attorney(s) appearing for the Case

Faith E. Gay, Asst. U.S. Atty., Brooklyn, NY (Mary Jo White, U.S. Atty., E.D.N.Y., Peter A. Norling, Emily Berger, Asst. U.S. Attys., on the brief), for appellee.

Michael S. Krome, Richmond Hill, NY (Anthony V. Lombardino, on the brief), for defendant-appellant.

Before: TIMBERS, KEARSE, and PRATT, Circuit Judges.

KEARSE, Circuit Judge:

Defendant Robert W. Miller appeals from a judgment entered in the United States District Court for the Eastern District of New York following his plea of guilty before Eugene H. Nickerson, Judge, convicting him on three counts of mailing threatening communications, in violation of 18 U.S.C. § 876 (1988). In an upward departure from the range recommended by the applicable federal Sentencing Guidelines ("Guidelines"), Miller was sentenced...

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