BEAM, Circuit Judge.
Christopher Martin Cole appeals the sentence imposed following his guilty plea to transmitting a threat in interstate commerce in violation of 18 U.S.C. § 875. We reverse and remand for resentencing because the district court erred in departing upward from the applicable sentencing range.
I. BACKGROUND
On October 16, 2001, Cole called a 911 operator in Paragould, Arkansas, and stated, "Anthrax is in one of your schools now...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
