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U.S. v. COLE

No. 04-2058.

416 F.3d 894 (2005)

UNITED STATES of America, Appellee, v. Christopher Martin COLE, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 28, 2005.

Attorney(s) appearing for the Case

Omar F. Grene, argued, Little Rock, AR, for appellant.

Joseph J. Volpe, Asst. U.S. Attorney, Little Rock, AR, for appellee.

Before WOLLMAN, FAGG, and BYE, Circuit Judges.

BYE, Circuit Judge.

After this court reversed an upward departure Christopher Martin Cole received on a sentence of twenty-four months imprisonment for transmitting a threat in interstate commerce, United States v. Cole, 357 F.3d 780, 785 (8th Cir.2004), the district court1 resentenced Cole to twelve months imprisonment. Cole now appeals a second time asserting his federal sentence should have run...

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