Conviction, Sentence for Making False Threat Affirmed

United States v. Parker, ___ F.3d ___, 2008 WL 5220512 (10th Cir. 2008)
Defendant convicted after a jury trial of two counts of making or conveying false claims regarding a threat to blow up a building. (1) No plain error in admission of voice identification testimony by cop who listened to 911 tapes and who had interviewed Defendant, that Defendant had made the 911 threatening calls. A lay witness need only be minimally familiar with a Defendant’s voice before offering an opinion.

2) Evidence sufficient: cell phone from which calls were made was in Defendant’s apartment, and he was admittedly alone in the apartment in the brief time period between when the last 911 calls were made and when police arrived; not only cop but 2 close friends identified the voice on the 911 tapes as Defendant’s.

(3) Sentence was procedurally reasonable. The USSG Sec. 2A6.1(b)(2) enhancement for “more than 2 threats” refers to more than 2 communications of threats, not more than 2 targets, and the jury found D responsible for making 3 threatening calls to 911. Counts were not required to be grouped under 3D1.2 because there were multiple victims: multiple schools and city hall.