United States v. Osborn, No. 21-1005 (6th Cir. 2021)
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Osborn, an Army veteran suffering from post-traumatic stress disorder, left a threatening voicemail for Georgia Congressman Henry Johnson. Osborn pleaded guilty under 18 U.S.C. 115(a)(1)(B), (b)(4), and (c)(4). At sentencing, the district court refused to apply a four-level reduction under U.S.S.G. 2A6.1(b)(6) because it concluded that his offense did not “evidenc[e] little or no deliberation.” In doing so, the court relied on prior threats Osborn made against other government officials that are not “relevant conduct” under U.S.S.G. 1B1.3.
The Sixth Circuit affirmed. While the relevant conduct provision prohibited the district court from altering the base offense level using certain uncharged conduct, it did not alter its traditional fact-finding role; the court did not clearly err in concluding that Osborn’s offense evidenced more than “little or no deliberation.”
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