Appeals from the United States District Court for the Northern District of Georgia. (No. 1:93-cr-461-1). Richard C. Freeman, Judge.
Before Birch, Circuit Judge, and Clark and Weis,*fn* Senior Circuit Judges.
CLARK, Senior Circuit Judge:
In 1989, defendant John Wesley Bonner pled guilty to attempted bank robbery (No. 1:89-00298-CR-1), and was sentenced to 33 months imprisonment and 3 years supervised release. Assistant United States Attorney Janet F. King handled the prosecution. Defendant was released from prison and began serving his term of supervised release on May 19, 1992.
From October 9, 1992, until October 25, 1993, defendant made twenty anonymous, threatening telephone calls to Assistant U.S. Attorney King from pay telephones in the Atlanta, Georgia area. During the telephone calls, defendant made the following threats:
"You have caused me a lot of misery and I will cause you some soon."
"You've got a old debt to pay."
"I'm going to destroy you."
"I'm gonna cut you open."
"Your time is about up honey."
"Your existence bothers me."
Defendant made the second of two calls on October 25, 1993, from a pay phone in view of Federal Bureau of Investigation agents who were conducting surveillance, and was immediately arrested. He was indicted on twenty counts of threatening to assault and murder an Assistant U.S. Attorney in retaliation for her previous prosecution of him, in violation of 18 U.S.C. § 115(a)(1)(B) (No. 1:93-CR-461-1). A petition for violation of his supervised release term based on his arrest was filed in his earlier conviction.
Defendant pled guilty to all twenty counts in the indictment. The district court overruled the defendant's objection that the threatening calls should be grouped because they were all part of the same course of conduct, and gave him a five-level adjustment for multiple counts under U.S.S.G. § 3D1.4. Defendant was sentenced to 37 months imprisonment, one ...