United States Eleventh Circuit

Conviction of making a threatening interstate communication to ex-wife after guilty plea, with sentence six months longer than the advisory guidelines range because of the likelihood defendant would continue to threaten her, is affirmed over claim that the district court violated Rule 32(h), Fed. R. Crim. P., by not giving advance notice that it was considering a ground for departure not identified in the presentence report or a prehearing government submission.

Appellate Information

• Decided 08/01/2006
• Published 08/01/2006

Judges

• PER CURIAM:, Before EDMONDSON, Chief Judge, KRAVITCH, Circuit Judge, and MIDDLEBROOKS, District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellees:
  
• Arthur J. Madden, III (Court-Appointed), Madden & Soto, Mobile, AL, for Defendant-Appellant., David Andrew Sigler, Mobile, AL, for Plaintiff-Appellee.