United States Eighth Circuit

Defendant's sentence for making a threatening telephone communication is affirmed where: 1) defendant's conduct squarely fell under U.S.S.G. section 3B1.4's definition of "use of a minor" and the district court did not err in imposing the two-level enhancement; and 2) defendant failed to object to the district court's reliance on subsequent calls made by plaintiff in determining the sentence.

Appellate Information

• Decided 01/08/2010
• Published 01/08/2010

Judges

• RILEY, Circuit Judge., Before WOLLMAN, RILEY, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• William A. Delaney, III, Federal Public Defender's Office, Sioux Falls, SD, Mark Falk, Federal Public Defender's Office, Rapid City, SD, James E. Williams, U.S. Penitentiary, Leavenworth, KS, for Appellant.


• For Appellees:
  
• Connie Larson, U.S. Attorney‘s Office, Sioux Falls, SD, for Appellee.