Legal Opinion

United States v. Christopher Martin Cole

Court of Appeals for the Eighth Circuit

Decided February 4, 2004No. 03-1079PublishedCited by 17 opinions

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…

2Cases cited8 opinions

  1. United States v. Lonnie Clayton FawbushCourt of Appeals for the Eighth Circuit · 1991
  2. United States v. Elizabeth Logan, Also Known as Honey, United States of America v. Louise Cain HouseCourt of Appeals for the Eighth Circuit · 1995
  3. United States v. Thomas C. LeahyCourt of Appeals for the Seventh Circuit · 1999
  4. United States v. Mario Gonzales-Ortega, Also Known as Daniel CanoCourt of Appeals for the Eighth Circuit · 2003
  5. United States v. Blaine Lee WilleyCourt of Appeals for the Eighth Circuit · 2003

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3Cited by17 opinions

  1. United States v. Damon AmedeoCourt of Appeals for the Eleventh Circuit · 2007
  2. United States v. Christopher Martin ColeCourt of Appeals for the Eighth Circuit · 2005
  3. United States v. Gerald Phillip May, Jr.Court of Appeals for the Eighth Circuit · 2005
  4. United States v. DerbesCourt of Appeals for the First Circuit · 2004
  5. United States v. Jose Urbina-Mejia, Also Known as Jose Mejia-Gomercinda, Also Known as Jose Apineda, Also Known as Jose Mejia-UrbinaCourt of Appeals for the Eighth Circuit · 2006

12 more not listed; retrieve them via the Exa API.

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