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United States Ninth Circuit


US v. DELA CRUZ, 03-10151

Defendant, convicted of making telephonic bomb threats, unsuccessfully appeals from his conviction and sentence. Because he fully intended the threat to cause immediate disruption, the district court did not err in deeming him ineligible for a downward departure under U.S.S.G. section 5K2.13.

Appellate Information

  • Argued 12/02/2003
  • Decided 01/12/2004
  • Published 01/12/2004

Judges

  • SCHROEDER, Chief Judge., Before:  SCHROEDER, Chief Judge, D.W. NELSON, and RYMER, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellees:
  • Joseph E. Horey,O'Connor, Berman, Dotts & Banes, Susupe, Saipan, CNMI, for the defendant-appellant., John J. Rice, Assistant U.S. Attorney, Branch Chief, District of NMI, Saipan, MP, for the plaintiff-appellee.
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