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02-1586 U.S. v. Xavier

"In refusing to apply [U.S.S.G. 2A6.1(b)(4)], the sentencing judge noted that at the time he made the threat to Officer Lowery, Xavier was 'no longer agitated and shouting.' The judge noted Officer Lowery's testimony that Xavier 'was laying on the seat strapped to the seat. It was almost eerie, cool, calm and collected statement of ...

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