United States v. Claude L. Philibert

FULLAM, Senior District Judge:

Appellant, Claude Philibert, convicted of making a threatening phone call in violation of 18 U.S.C. § 875(c), asserts in this appeal that he should be granted a new trial because crucial evidence against him should have been suppressed, the court erred in admitting evidence of other crimes, and the court erred in charging the jury. In addition, he contends his 28-month sentence was the product of an erroneous application of the Sentencing Guidelines, and that the sentencing judge erred in refusing to consider a downward departure. We agree with some, but not all,…