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U.S. v. GROB

No. 09-30262.

625 F.3d 1209 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Jeffrey Douglas GROB, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 10, 2010.

Attorney(s) appearing for the Case

Anthony R. Gallagher , Federal Defender, John Rhodes and Andrew J. Nelson , Assistant Federal Public Defenders, and Jessica L. Weltman , Research and Writing Attorney, Federal Defenders of Montana, Missoula, MT, for the defendant-appellant, Jeffrey Douglas Grob.

Michael W. Cotter , United States Attorney, and Marcia Kay Hurd , Assistant United States Attorney, Billings, MT, for the plaintiff-appellee, United States of America.

Before: KIM McLANE WARDLAW and RONALD M. GOULD, Circuit Judges, and RICHARD MILLS, Senior District Judge.

OPINION

WARDLAW, Circuit Judge:

Jeffrey Grob, who was sentenced to 37 months imprisonment following his conviction of one count of cyberstalking in violation of 18 U.S.C. § 2261A(2)(B), appeals his sentence, arguing that the district court's criminal history calculation improperly included a prior misdemeanor conviction for criminal mischief. Because Grob's prior Montana criminal mischief conviction should not have been counted under the applicable...

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