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U.S. v. NEWELL

No. 01-1502.

309 F.3d 396 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Tommy Anthony NEWELL, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed October 31, 2002.

Attorney(s) appearing for the Case

Nancy L. McGunn (argued and briefed), Richard J. O'Neill (briefed), Federal Public Defenders Office, Detroit, MI, for Appellant.

Daniel L. Lemisch (argued and briefed), Assistant United States Attorney, Detroit, MI, for Appellee.

Before MOORE and COLE, Circuit Judges; MARBLEY, District Judge.

OPINION

MARBLEY, District Judge.

Defendant-Appellant, Tommy Anthony Newell ("Newell"), appeals the district court's judgment on his conviction for transmitting threatening interstate communications in violation of 18 U.S.C. § 875(c). Newell assigns error to the district court's application of a six-point enhancement to his sentence based on the district court's finding that Newell's conduct evidenced an intent to carry out the threat that formed the...

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