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U.S. v. ALBER

No. 93-10408.

56 F.3d 1106 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Frank R. ALBER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 6, 1995.

Attorney(s) appearing for the Case

Atmore L. Baggott, Phoenix, AZ, for defendant-appellant.

Charles F. Hyder, Asst. U.S. Atty., Phoenix, AZ, for plaintiff-appellee.

Before: FLETCHER, HALL, and WIGGINS, Circuit Judges.

WIGGINS, Circuit Judge:

Frank R. Alber appeals his guilty plea conviction and sentence. Alber pleaded guilty to one count of mailing a threatening communication, in violation of 18 U.S.C. § 876, and one count of conspiring to mail a threatening communication, in violation of 18 U.S.C. § 371. We have jurisdiction pursuant to 28 U.S.C. § 1291. We affirm in part and remand in part.

I. FACTS AND PRIOR PROCEEDINGS

In November of 1989, Alber...

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