United States First Circuit

In determining whether a defendant has been implicitly physically threatened for purposes of a downward departure, the trial court must consider three questions: (i) the actual intent of the person alleged to have made the threat; (ii) the subjective understanding of the defendant; and (iii) whether an objective third party could reasonably consider it to be a serious threat of physical injury.

Appellate Information

• Decided 02/01/2002
• Published 02/01/2002

Judges

• LYNCH, Circuit Judge., Before SELYA, Circuit Judge, CAMPBELL, Senior Circuit Judge, and LYNCH, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• J. Martin Richey,Federal Defender Office, for appellant.


• For Appellees:
  
• Denise Jefferson Casper, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief for appellee.