United States Fourth Circuit

Refusal to dismiss portion of indictment charging defendant with a violation of 18 U.S.C. section 876(b) is affirmed over claim that the section 876(b) offense should have been dismissed where: 1) defendant's statements were not "true threats," but instead were "political hyperbole" protected by the First Amendment; and 2) the charge was fatally defective since the university is not a "person" subject to being extorted under section 876(b).

Appellate Information

• Decided 12/14/2007
• Published 12/14/2007

Judges

• Before MOTZ and KING, Circuit Judges, and ROBERT J. CONRAD, JR., Chief United States District Judge for the Western District of North Carolina, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Willis James Spaulding, Charlottesville, Virginia, for Appellant.  Jennifer Rebecca Bockhorst, Office of the United States Attorney, Abingdon, Virginia, for Appellee.   ON BRIEF:  John L. Brownlee, United States Attorney, Roanoke, Virginia, Jean B. Hudson, Assistant United States Attorney, Office of the United States Attorney, Charlottesville, Virginia, for Appellee.