United States v. Christopher Martin Cole
Court of Appeals for the Eighth Circuit
1Opinion of the Court
BEAM, Circuit Judge.
Christopher Martin Cole appeals the sentence imposed following his guilty plea to transmitting a threat in interstate commerce in violation of 18 U.S.C. § 875. We reverse and remand for resentencing because the district court erred in departing upward from the applicable sentencing range.
I. BACKGROUND
On October 16, 2001, Cole called a 911 operator in Paragould, Arkansas, and stated, “Anthrax is in one of your schools now. Final warning.” Cole was charged with violating 18 U.S.C. § 2332a (Use of certain weapons of mass destruction).
Pursuant to a written plea agreement, Cole…
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