Spangle

United States v. Spangle

Good Law
281 F. App'x 693
United States Court of Appeals for the Ninth CircuitJune 4, 2008No. 07-50256California417 words

Opinion

Lead Opinion

MEMORANDUM *

This is the third appeal Kenneth Lyle Spangle has filed in connection with his *694 bench trial conviction for mailing threatening communications, in violation of 18 U.S.C. § 876 (c), and the 72-month sentence imposed. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Spangle contends that the district court erred in finding that his waiver of a jury trial was voluntarily, intelligently and knowingly made. We have reviewed the record and conclude that the district court’s colloquy was sufficient to support the finding. See United States v. Christensen, 18 F.3d 822, 826 (9th Cir.1994).

Spangle also challenges the six-level enhancement for evidence of intent to carry out the threat. He did not object at the sentencing hearing to the district court’s use of the preponderance of the evidence standard to make the factual findings that supported his enhancement. Considering the totality of the circumstances, including the consideration that the resulting sentence was one that was less than double the initial Guidelines range, the enhancement did not have “an extremely disproportionate effect” on the sentence, and there was no error. See United States v.…

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