Thursday, December 06, 2012

Ninth Circuit -- USA V. MARC KEYSER

Sending out fake anthrax in the mail is not protected speech under the First Amendment, given the intent to threaten.

Envelope addressed to "manager" satisfies statutory requirement that it be addressed to a natural person.

No error in declining jury instruction requiring acquittal if no one would actually believe that the package contained the toxin.

An instruction requiring jurors to look beyond the literal words of the mailing sufficed for the statutory requirement that the words be taken in context.

Reasonable, if brief, discussion of reasonable person standard.

Extremely problematic statement in prosc's closing ultimately inconsequential.

Court erred in imposing govt cost sentencing bump for unconvicted offenses.

Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.