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U.S. v. SIMMONS

No. 10-40670.

649 F.3d 301 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Henry L. SIMMONS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 3, 2011.

Attorney(s) appearing for the Case

Renata Ann Gowie , Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee.

David Vincent Stith (Court-Appointed), Corpus Christi, TX, for Defendant-Appellant.

Before KING, DAVIS and GARZA, Circuit Judges.

PER CURIAM:

Henry L. Simmons appeals from his sentence after being found guilty by a jury on thirteen counts of using a cellular telephone to make bomb threats, in violation of 18 U.S.C. § 844(e). He argues that the district court erroneously refused to group all thirteen counts of the indictment into a single group for sentencing purposes pursuant to U.S.S.G. § 3D1.2. We AFFIRM.

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