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U.S. v. HORTON

No. 95-3708.

98 F.3d 313 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Maurice HORTON, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided October 21, 1996.

Attorney(s) appearing for the Case

Gregory M. Gilmore (argued), Office of the United States Attorney, Springfield, IL, for Plaintiff-Appellee.

Jon G. Noll, Jeffrey T. Page (argued), Springfield, IL, for Defendant-Appellant.

Before POSNER, Chief Judge, and ROVNER and EVANS, Circuit Judges.

ILANA DIAMOND ROVNER, Circuit Judge.

Maurice Horton pleaded guilty to making a bomb threat against a federal building in violation of 18 U.S.C. § 844(e). Horton made the threat only one day after a bomb had destroyed the Alfred P. Murrah Federal Building in Oklahoma City, Oklahoma. Relying heavily on that fact, the district court determined that Horton's was an unusual case warranting an upward departure of eight levels from the base offense level that otherwise...

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