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U.S. v. Stokes, No. 03-4067 (4th Cir.) (347 F.3d 103) (October 15, 2003) (Judge William W. Jr. Wilkins)

Article • September 1, 2003 • from P&J September, 2003

Filed under: Punch And Jurists, Threats

U.S. v. Stokes, No. 03-4067 (4th Cir.) (347 F.3d 103) (October 15, 2003) (Judge William W. Jr. Wilkins) by After the defendant in this case pled guilty to mailing a threatening communication in violation of 18 U.S.C. § 876(c), he was sentenced to a term of 21 months imprisonment. The …

U.S. v. Worrell, No. 01-4857 (4th Cir.) (313 F.3d 867) (December 17, 2002) (Judge William B. Jr. Traxler)

Article • January 1, 2003 • from P&J January, 2003

Filed under: Punch And Jurists, Threats

U.S. v. Worrell, No. 01-4857 (4th Cir.) (313 F.3d 867) (December 17, 2002) (Judge William B. Jr. Traxler) by Here the Court affirmed a six-level enhancement under U.S.S.G. § 2A6.1(b)(1) for conduct evidencing an intent to carry out a threat, based on district court’s determination that the enhancement covers conduct …

U.S. v. Pendergraft, No. 01-13057 (11th Cir.) (297 F.3d 1198) (July 16, 2002) (Judge Emmett Ripley Cox)

Article • September 1, 2002 • from P&J September, 2002

Filed under: Punch And Jurists, Threats

U.S. v. Pendergraft, No. 01-13057 (11th Cir.) (297 F.3d 1198) (July 16, 2002) (Judge Emmett Ripley Cox) by In this case the Court held that a threat to seek damages and use false evidence in a lawsuit, was neither "wrongful" under the Hobbs Act nor a "scheme to defraud" under …

U.S. v. Wolfe, No. 00-1942 (3rd Cir.) (245 F.3d 257) (March 29, 2001) (Judge Robert E. Cowen)

Article • May 1, 2001 • from P&J May, 2001

Filed under: Punch And Jurists, Threats

U.S. v. Wolfe, No. 00-1942 (3rd Cir.) (245 F.3d 257) (March 29, 2001) (Judge Robert E. Cowen) by

U.S. v. Popa, No. 98-3017 (D.C. Cir.) (187 F.3d 672) (September 17, 1999) (Judge Douglas Ginsburg)

Article • October 1, 1999 • from P&J October, 1999

Filed under: Punch And Jurists, Threats

U.S. v. Popa, No. 98-3017 (D.C. Cir.) (187 F.3d 672) (September 17, 1999) (Judge Douglas Ginsburg) by In this case, Popa, a political refugee from Romania who has resided in the US since 1986, made seven phone calls within one month to the office of the United States Attorney for …

U.S. v. Freeman, No. 98-1817 (1st Cir.) (176 F.3d 575) (May 17, 1999) (Judge Frank J. Magill)

Article • July 1, 1999 • from P&J July, 1999

Filed under: Punch And Jurists, Threats

U.S. v. Freeman, No. 98-1817 (1st Cir.) (176 F.3d 575) (May 17, 1999) (Judge Frank J. Magill) by In this case, the defendant made a total of eight interstate telephone calls to Child Find of America, Inc.'s hotline. This hotline is dedicated to locating missing children. During the first call, …

U.S. v. Goynes, No. 98-10240 (5th Cir.) (175 F.3d 350) (May 10, 1999) (Judge Reynaldo G. Garza)

Article • June 1, 1999 • from P&J June, 1999

Filed under: Punch And Jurists, Threats

U.S. v. Goynes, No. 98-10240 (5th Cir.) (175 F.3d 350) (May 10, 1999) (Judge Reynaldo G. Garza) by Here the defendant, an inmate, was convicted of sending threatening communications to two persons, and the sentencing court imposed the six-level enhancement set forth in U.S.S.G. § 2A6.1. At his sentencing hearing, …

U.S. v. Summers, No. 98-2011 (11th Cir.) (176 F.3d 1328) (May 26, 1999) (Judge James L. Watson)

Article • June 1, 1999 • from P&J June, 1999

Filed under: Punch And Jurists, Threats

U.S. v. Summers, No. 98-2011 (11th Cir.) (176 F.3d 1328) (May 26, 1999) (Judge James L. Watson) by Here the Court held that Guideline Amendment 552, which deleted the term "express" from the phrase dealing with robberies that involved an "express threat of death", could not be applied retroactively in …

U.S. v. Fenton, No. 98-1J (W.D.Pa.) (30 F.Supp.2d 520) (December 22, 1998) (Judge D. Brooks Smith)

Article • February 1, 1999 • from P&J February, 1999

Filed under: Punch And Jurists, Threats

U.S. v. Fenton, No. 98-1J (W.D.Pa.) (30 F.Supp.2d 520) (December 22, 1998) (Judge D. Brooks Smith) by Case held that defendant, who, while speaking with an insurance adjuster regarding repairs to his vehicle, remarked that he was going to shoot his Congressman, lacked requisite intent under statute prohibiting threats against …

U.S. v. Francis, No. 97-1531 (2nd Cir.) (164 F.3d 120) (January 7, 1999) (Judge Ralph K. Jr. Winter)

Article • January 1, 1999 • from P&J January, 1999

Filed under: Punch And Jurists, Threats

U.S. v. Francis, No. 97-1531 (2nd Cir.) (164 F.3d 120) (January 7, 1999) (Judge Ralph K. Jr. Winter) by Reversing a lower court decision, the 2nd Circuit held that in a prosecution under 18 USC § 875(c) the Government need not prove that a defendant specifically intended his threats to …

U.S. v. Thomas, No. 97-3456 (7th Cir.) (155 F.3d 833) (August 11, 1998) (Judge Richard D. Cudahy)

Article • October 1, 1998 • from P&J October, 1998

Filed under: Punch And Jurists, Threats

U.S. v. Thomas, No. 97-3456 (7th Cir.) (155 F.3d 833) (August 11, 1998) (Judge Richard D. Cudahy) by Departing from the rule in most other Circuits, the Seventh Circuit suggested that the content of the defendant's threats alone (as opposed to some overt act) are sufficient to support an enhancement …

U.S. v. Tolen, No. 97-3949 (8th Cir.) (143 F.3d 1121) (May 8, 1998) (Judge Morris Sheppard Arnold)

Article • July 1, 1998 • from P&J July, 1998

Filed under: Punch And Jurists, Threats

U.S. v. Tolen, No. 97-3949 (8th Cir.) (143 F.3d 1121) (May 8, 1998) (Judge Morris Sheppard Arnold) by Case vacated sentence holding that defendant clearly did not make an express threat of death within the meaning of USSG § 2B3.1(b)(2)(F) by demanding that teller put money in bag "and no …

U.S. v. Carbaugh, No. 97-2311 (7th Cir.) (141 F.3d 791) (April 14, 1998) (Judge Jesse E. Eschbach)

Article • June 1, 1998 • from P&J June, 1998

Filed under: Punch And Jurists, Threats

U.S. v. Carbaugh, No. 97-2311 (7th Cir.) (141 F.3d 791) (April 14, 1998) (Judge Jesse E. Eschbach) by In her dissent, Judge Rovner acknowledged that while the majority's holding might be defensible under the new version of the Guidelines (which became effective Nov. 1, 1997), its holding was wrong under …

U.S. v. Francis, No. 97 Cr. 0008 (RWS) (S.D.N.Y.) (975 F.Supp. 288) (August 15, 1997) (Judge Robert W. Sweet)

Article • November 1, 1997 • from P&J November, 1997

Filed under: Punch And Jurists, Threats

U.S. v. Francis, No. 97 Cr. 0008 (RWS) (S.D.N.Y.) (975 F.Supp. 288) (August 15, 1997) (Judge Robert W. Sweet) by In this case the defendant was charged with making six threatening calls by telephone. He moved to dismiss the indictment as facially defective because it did not allege an essential …

U.S. v. Sovie, No. 96-1276, No. 614 (2nd Cir.) (122 F.3d 122) (August 18, 1997) (Judge Ralph K. Jr. Winter)

Article • October 1, 1997 • from P&J October, 1997

Filed under: Punch And Jurists, Threats

U.S. v. Sovie, No. 96-1276, No. 614 (2nd Cir.) (122 F.3d 122) (August 18, 1997) (Judge Ralph K. Jr. Winter) by Enhancement permitted only if requisite intent occurs contemporaneously with or after the threat. The defendant in this case was convicted to making interstate threats in violation of 18 U.S.C. …

U.S. v. King, No. 96-50299 (9th Cir.) (122 F.3d 808) (August 13, 1997) (Judge A. Wallace Tashima)

Article • October 1, 1997 • from P&J October, 1997

Filed under: Punch And Jurists, Threats

U.S. v. King, No. 96-50299 (9th Cir.) (122 F.3d 808) (August 13, 1997) (Judge A. Wallace Tashima) by The Court relied heavily on its earlier decision in U.S. v. Twine, 853 F.2d 676 (9th Cir. 1988) where the Court held that "showing of an intent to threaten, required by §§ …

U.S. v. Whiffen, No. 97-1036 (1st Cir.) (121 F.3d 18) (August 29, 1997) (Judge Juan R. Torruella)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists, Threats

U.S. v. Whiffen, No. 97-1036 (1st Cir.) (121 F.3d 18) (August 29, 1997) (Judge Juan R. Torruella) by Case held that crime of transmitting threatening communications in interstate commerce in violation of 18 USC § 875(c) requires proof of general intent only so Government need not prove that defendant intended …

U.S. v. Fulmer, No. 96-1331 (1st Cir.) (108 F.3d 1486) (March 28, 1997) (Judge Juan R. Torruella)

Article • April 1, 1997 • from P&J April, 1997

Filed under: Punch And Jurists, Threats

U.S. v. Fulmer, No. 96-1331 (1st Cir.) (108 F.3d 1486) (March 28, 1997) (Judge Juan R. Torruella) by Here the court rejected as untenable the "reasonable recipient standard" - I.e., whether an ordinary, reasonable recipient would interpret the statements as a threat - because in that case "a defendant may …

U.S. v. Figueroa, No. 96-1421 (3rd Cir.) (105 F.3d 874) (January 30, 1997) (Judge Morton I. Greenberg)

Article • March 1, 1997 • from P&J March, 1997

Filed under: Punch And Jurists, Threats

U.S. v. Figueroa, No. 96-1421 (3rd Cir.) (105 F.3d 874) (January 30, 1997) (Judge Morton I. Greenberg) by Over the strong dissent of Judge Becker, the majority found that the defendant had made an "express threat of death" for purposes if § 2B3.1(b)(2)(F) by telling a bank teller "I have …

U.S. v. Myers, No. 95-20969 (5th Cir.) (104 F.3d 76) (January 14, 1997) (Judge Jerry E. Smith)

Article • February 1, 1997 • from P&J February, 1997

Filed under: Punch And Jurists, Threats

U.S. v. Myers, No. 95-20969 (5th Cir.) (104 F.3d 76) (January 14, 1997) (Judge Jerry E. Smith) by Here the Court strongly disagreed with the Ninth Circuit's view that § 875(c) is a specific intent statute, stating that the Ninth Circuit view "is something of an outlier within Ninth Circuit …