United States Third Circuit

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US v. Stock, 12-2914

The district court's order denying defendant's motion to dismiss his indictment for failure to state the offense of transmitting a threat in interstate commerce is affirmed, where: 1) the district court did not err in considering whether the term "threat" in 18 U.S.C. section 875(c) includes a temporal element; 2) the word "threat" in section 875(c) encompasses only communications expressing an intent to inflict injury in the present or future; 3) the district court properly concluded that the question of whether defendant's Craigslist posting was a threat, necessarily became one of fact for the jury to resolve; and 4) a reasonable jury could find that the posting, in context and as a whole, constitutes a threatening communication.

Appellate Information

  • Decided 08/26/2013
  • Published 08/26/2013

Judges

  • FISHER

Court

  • United States Third Circuit

Counsel

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