United States v. Frank Paco Guevara

JERRY E. SMITH, Circuit Judge:

Frank Guevara challenges his conviction under 18 U.S.C. § 2332a of threatening to use a weapon of mass destruction (“WMD”). He also appeals his classification as a career offender under the sentencing guidelines. Finally, he challenges his sentence in light of Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), and United States v. Booker, — U.S.-, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). 1 Finding no reversible error, we affirm.

I

Guevara committed what is called an “anthrax hoax.” In August 2002 he wrote and mailed a letter to United States…