United States v. Jerome Loew

MEMORANDUM

Defendant-Appellant Jerome John Loew appeals from his conviction on eleven counts of interstate harassment, obscene telephone calls, stalking, violation of protection orders, and telephone threats. He alleges that several counts of the indictment were duplicitous and that the district court erred in failing to give a specific unanimity instruction. At sentencing, the district court applied several upward adjustments to the offense level to which Loew objected, including adjustments for restraint of the victim and obstruction of justice. Loew also objected to the court’s two-point upward departure in the offense level. The district court’s upward adjustments and departures resulted in a guideline range of 151 to 188 months. The court sentenced Loew to 180 months. Loew now appeals his conviction and sentence on multiple grounds. We have ju risdiction pursuant to 28 U.S.C. § 1291 , and we affirm as to all issues raised in the case.

The parties are familiar with the facts and arguments in the case so we do not repeat them here. Loew’s appeal cites two errors during trial: (1) that several counts of the indictment were duplicitous, allowing the jurors to convict without a…