United States Sixth Circuit

Where prosecution's indictment lacks an allegation that defendant's communication containing a direct threat to kidnap, and defendant did not make a threat to kidnap, the government's claims under 18 USC 875(c) require dismissal, and lewd, lascivious, filthy, and vulgar communication does not necessarily violate 47 USC 223.

Appellate Information

• Decided 05/25/2001
• Published 05/25/2001

Judges

• Before SUHRHEINRICH and MOORE, Circuit Judges;  EDMUNDS, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Michael J. Curtis (argued and briefed), Curtis Legal Services, Inc., Ashland, KY, for Appellant.


• For Appellees:
  
• Kenneth R. Taylor (argued and briefed), Charles P. Wisdom, Jr. (briefed), Assistant United States Attorney, Lexington, KY, for Appellee.