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U.S. v. GARY

No. 92-5652.

18 F.3d 1123 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Christopher GARY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 28, 1994.

Attorney(s) appearing for the Case

ARGUED: George Alan DuBois, Jr., Assistant Federal Public Defender, Raleigh, North Carolina, for appellant. John Samuel Bowler, Assistant United States Attorney, Raleigh, North Carolina, for appellee.

ON BRIEF: Margaret Person Currin, United States Attorney, Raleigh, North Carolina, for appellee.

Before ERVIN, Chief Judge, PHILLIPS, Circuit Judge, and MICHAEL, United States District Judge for the Western District of Virginia, sitting by designation.

OPINION

ERVIN, Chief Judge:

Christopher Gary was convicted on June 3, 1992 of twelve counts of mailing threatening communications in violation of 18 U.S.C. § 876. The revised presentence report calculated the Federal Sentencing Guidelines range to be 30 to 37 months. At the sentencing hearing on September 24, 1992, the district court adjusted the base offense level upward by six levels for conduct evidencing an intent to carry out the threats and upward...

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