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Legal Opinion

United States v. Rutherford

Court of Appeals for the Eighth Circuit

Decided April 2, 2010No. 09-1421PublishedCited by 31 opinions

1Opinion of the Court

SMITH, Circuit Judge.

Robert W. Rutherford pleaded guilty to two counts of using interstate communications to transmit a threat in violation of 18 U.S.C. § 875(c) and was sentenced to 74 months’ imprisonment on consecutive 37-month sentences. On appeal, Rutherford argues that the district court 1 abused its discretion by imposing consecutive, rather than concurrent, sentences for the two counts. We disagree and affirm the judgment.

I. Background

In 2006, Dean Kessel sued Rutherford for damages caused by an assault that Rutherford committed against Kessel. Richard Baer, a Bismarck, North Dakota…

2Cases cited13 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Gall v. United StatesSupreme Court of the United States · 2007
  3. United States v. Darrin Todd HaackCourt of Appeals for the Eighth Circuit · 2005
  4. United States v. Gregory Charles Ervasti, United States of America v. Deniene "Dee" ErvastiCourt of Appeals for the Eighth Circuit · 2000
  5. United States v. Nicholas R. DiekenCourt of Appeals for the Eighth Circuit · 2006

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

3Cited by31 opinions

  1. United States v. YoungCourt of Appeals for the Eighth Circuit · 2010
  2. United States v. RichartCourt of Appeals for the Eighth Circuit · 2011
  3. United States v. Martin SigillitoCourt of Appeals for the Eighth Circuit · 2014
  4. United States v. Adetokunbo AdejumoCourt of Appeals for the Eighth Circuit · 2014
  5. United States v. YarringtonCourt of Appeals for the Eighth Circuit · 2011

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

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