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U.S. v. IRIZARRY

No. 05-11718.

458 F.3d 1208 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Richard IRIZARRY, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 1, 2006.

Attorney(s) appearing for the Case

Arthur J. Madden, III (Court-Appointed), Madden & Soto, Mobile, AL, for Defendant-Appellant.

David Andrew Sigler, Mobile, AL, for Plaintiff-Appellee.

Before EDMONDSON, Chief Judge, KRAVITCH, Circuit Judge, and MIDDLEBROOKS, District Judge.

PER CURIAM:

Defendant Richard Irizarry plead guilty to making a threatening interstate communication to his ex-wife in violation of 18 U.S.C. section 875(c). The district court issued a sentence nine months longer than the advisory guidelines range because of the likelihood Defendant would continue to threaten his wife. Defendant appeals this sentence, arguing that the district court violated Rule 32(h) of the Federal Rules of Criminal Procedure by not giving advance...

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