United States Third Circuit

In a prosecution of defendant for threatening two employees of the Social Security Administration in violation of section 115 of Title 18 of the United States Code, making it a crime to "threaten to assault, kidnap, or murder...an official whose killing would be a crime under" section 1114, which in turn, makes it a crime to kill "any officer or employee of the United States or of any agency in any branch of the United States Government," district court's judgment is affirmed in part, vacated in part and remanded where: 1) district court erred in ruling that an individual does not qualify as an "official" within the meaning of section 115 unless he or she is "authorized to make decisions on behalf of the government" as section 115 incorporates by reference all persons covered by section 1114, and accordingly, section 115 applies to threats against federal employees whose killing would be a crime under section 1114; 2) because section 115 applies to both employees defendant threatened, district court's denial of a judgment of acquittal on count two is affirmed; 3) district court's grant of judgment of acquittal on count three is vacated and remanded; and 4) defendant's Sixth Amendment violation claim is rejected.

Appellate Information

• Argued 06/03/2010
• Decided 07/27/2010
• Published 07/27/2010

Judges

• AMBRO

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Thomas A. Dreyer, Michael L. Levy