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U.S. v. SPENCER

No. 16-4026.

848 F.3d 324 (2017)

UNITED STATES of America, Plaintiff-Appellee, v. Todd Allen SPENCER, a/k/a Todd Alan Spencer, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: February 9, 2017.

Attorney(s) appearing for the Case

ARGUED: Frances H. Pratt , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Alexandria, Virginia, for Appellant. Richard Daniel Cooke , OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee. ON BRIEF: Geremy C. Kamens , Federal Public Defender, Rodolfo Cejas, II , Assistant Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Alexandria, Virginia, for Appellant. Dana J. Boente , United States Attorney, Alexandria, Virginia, William D. Muhr , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Norfolk, Virginia, for Appellee.

Affirmed by published opinion. Judge Wilkinson wrote the opinion, in which Judge Shedd and Judge Duncan joined.

Todd Allen Spencer pleaded guilty to mailing a threatening letter in violation of 18 U.S.C. § 876(c). The district court deviated upward from the advisory Guidelines range to account for the threat's effect on the victim and imposed a 45-month sentence.

Spencer now...

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