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United States v. Rutherford

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Submitted: November 19, 2009

Before MURPHY, SMITH, and BENTON, Circuit Judges.

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*fn1 abused its discretion by imposing consecutive, rather than concurrent, sentences for the two counts. We disagree and affirm the judgment.

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