United States v. Bell

Defendant-Appellee Ruby D. Henry Bell was convicted on a plea of guilty for using a telephone to convey a false threat to damage or destroy a building by means of an explosive, in violation of 18 U.S.C. § 844(e). 1 At sentencing, the district court granted a defense motion to depart downward within the U.S. Sentencing Guidelines (“U.S.S.G.” or the “Guidelines”) from a criminal history category of VI to a criminal history category of IV. The district court appears to have granted this motion on the- basis of overstatement of criminal history, as provided for by Guidelines § 4A1.3; however, the…