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044015P.pdf   12/23/2005  USA  v.  Larry Reynolds
   U.S. Court of Appeals Case No:  04-4015
   Western District of Missouri   
   [PUBLISHED] [Chief Judge Loken, Author, with Arnold and Colloton,
   Circuit Judges]
Criminal Case - sentence. Order of restitution for losses which did not result from offense of conviction is reversed. Plea to making a phone threat under 18 U.S.C. sec.844(e) did not include agreement to pay restitution and did not involve a scheme or pattern of criminal activity. Defendant waived enhancement under Booker in plea agreement and sentence does not result in a miscarriage of justice. Enhancement under Guideline 2A6.1(b)(1) was not clear error because facts admitted in plea agreement reflected conduct evidencing an intent to carry out repeated threats.