United States Ninth Circuit

A conviction and sentence for making interstate threats to injure and transferring social security numbers with the intent to aid and abet unlawful activity is affirmed over claims of error regarding: 1) the district court's subject matter jurisdiction, and the existence of a sufficient connection to interstate commerce; 2) whether 18 U.S.C. section 875(c) is unconstitutionally vague; 3) selective prosecution; 4) a denial of his right to counsel; 5) a violation of his speedy trial rights; 6) denial of his motions for recusal of the trial judge; 7) denial of a pre-trial motion to order the government to reconstruct an entire website for purposes of trial; 8) evidence of rifle possession; 9) denial of a motion for judgment of acquittal; 10) denial of his motions to dismiss the indictment for failure to sufficiently state an offense; 11) a jury instruction on threats; 12) a denial of his right to counsel at sentencing; and 13) Booker error.

Appellate Information

• Argued 02/07/2007
• Decided 10/11/2007
• Published 10/11/2007

Judges

• McKAY, Circuit Judge:, Before:  MONROE G. McKAY,ALEX KOZINSKI, and STEPHEN S. TROTT, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Sung B. Park, Van Nuys, CA, for the defendant-appellant., Debra Wong Yang, Thomas P. O'Brien, and Elena J. Duarte (argued), United States Attorney's Office, Los Angeles, CA, for the plaintiff-appellee.