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U.S. v. BELL

No. 03-20194.

351 F.3d 672 (2003)

UNITED STATES of America, Plaintiff-Appellant, v. Ruby D. Henry BELL, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 20, 2003.

Attorney(s) appearing for the Case

Renata Ann Gowie, James Lee Turner, Asst. U.S. Attys., Houston, TX, for Plaintiff-Appellant.

Roland E. Dahlin, II, Fed. Pub. Def., Richard O. Ely and Timothy William Crooks, Asst. Fed. Pub. Defenders, Houston, TX, for Defendant-Appellee.

Before JOLLY and WIENER, Circuit Judges, and WALTER, District Judge.

PER CURIAM:

Defendant-Appellee Ruby D. Henry Bell was convicted on a plea of guilty for using a telephone to convey a false threat to damage or destroy a building by means of an explosive, in violation of 18 U.S.C. § 844(e). At sentencing, the district court granted a defense motion to depart downward within the U.S. Sentencing Guidelines ("U.S.S.G." or the "Guidelines") from a criminal history category of VI to a criminal history category of IV. The district...

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