United States v. David Frazer

TERENCE T. EVANS, Circuit Judge.

This case concerns an upward adjustment under the federal sentencing guidelines that is unaffected by the uncertainty created in the wake of Blakely v. Washington, - U.S. -, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), and United States v. Booker, 375 F.3d 508 (7th Cir.2004), cert. granted , — U.S. -, 125 S.Ct. 11, 159 L.Ed.2d 838 (2004).

David Frazer pled guilty to a single-count indictment charging him with using a telephone to make threatening communications in violation of 18 U.S.C. § 844(e). The indictment charged that Frazer made two bomb threats, but at…