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U.S. v. RUTHERFORD

No. 09-1421.

599 F.3d 817 (2010)

UNITED STATES of America, Appellee, v. Robert William RUTHERFORD, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: April 2, 2010.

Attorney(s) appearing for the Case

William D. Schmidt, AFPD, argued, Scott D. McGregor, AFPD, on the brief, Bismarck, ND, for appellant.

Clare R. Hochhalter, AUSA, argued, Bismarck, ND, for appellee.

Before MURPHY, SMITH, and BENTON, Circuit Judges.

SMITH, Circuit Judge.

Robert W. Rutherford pleaded guilty to two counts of using interstate communications to transmit a threat in violation of 18 U.S.C. § 875(c) and was sentenced to 74 months' imprisonment on consecutive 37-month sentences. On appeal, Rutherford argues that the district court1 abused its discretion by imposing consecutive, rather than concurrent, sentences for the two counts. We disagree and affirm the judgment...

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