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U.S. v. PRATT

No. 95-1666.

73 F.3d 450 (1996)

UNITED STATES of America, Plaintiff, Appellee, v. David P. PRATT, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided January 18, 1996.

Attorney(s) appearing for the Case

M. Kristin Spath, Assistant Federal Defender, for appellant.

Peter E. Papps, First Assistant U.S. Attorney, with whom Paul M. Gagnon, United States Attorney, was on brief for appellee.

Before TORRUELLA, Chief Judge, ALDRICH, Senior Circuit Judge, and SELYA, Circuit Judge.

BAILEY ALDRICH, Senior Circuit Judge.

Defendant David P. Pratt, having been allowed to withdraw a plea of guilty, was tried to a jury for violation of United States Code, Title 18, Section 876 (Mailing a Threatening Communication) and found guilty. He now appeals, with new counsel, claiming violation of Fed.R.Evid. 404(b) by the admission of prejudicial testimony of another threat, and from a sentence that included a two level upward departure. We remand for further...

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