United States Eleventh Circuit

Conviction on multiple counts of violating the Communications Decency Act, involving hundreds of phonecalls to a specific extension assigned to a Teamsters Union office worker and leaving voicemail using profane language, and 24-month sentence including enhancement for threats made over the phone, is affirmed over defendant's main claim that his messages were not obscene as they addressed matters of public concern.

Appellate Information

• Decided 10/04/2006
• Published 10/04/2006

Judges

• MILLS, District Judge:, Before DUBINA and KRAVITCH, Circuit Judges, and MILLS, District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Richard C. Klugh, Jr. and Kathleen M. Williams, Fed. Pub. Defenders, Jacqueline Esther Shapiro, Asst. Fed. Pub. Def., Miami, FL, for Eckhardt., Suzan H. Ponzoli, Anne R. Schultz, Asst. U.S. Atty., Stephen Schlessinger, Miami, FL, for U.S.