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U.S. v. WALLER

No. 12-1036.

689 F.3d 947 (2012)

UNITED STATES of America, Plaintiff-Appellee v. James Clay WALLER, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 24, 2012.

Attorney(s) appearing for the Case

Scott Tilsen , FPD, Cape Girardeau, MO, for appellant.

Larry H. Ferrell , USA, Cape Girardeau, MO, for appellee.

Before SMITH, BEAM, and SHEPHERD, Circuit Judges.

PER CURIAM.

James Clay Waller pleaded guilty to one count of knowingly transmitting in interstate commerce, via the Internet, a communication containing a threat to injure the person of another, in violation of 18 U.S.C. § 875(c). The district court1 sentenced Waller to 60 months' imprisonment, applying a vulnerable victim enhancement under U.S.S.G. § 3A1.1(b)(1) and varying upwards under 18 U.S.C. § 3553(a) after considering...

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