United States Ninth Circuit

Conviction and sentencing of defendant for threatening to kill and inflict bodily harm upon then-presidential candidate Barack Obama, 18 U.S.C. section 879(a)(3), are reversed where taking the defendant's threats in the context of all of the relevant facts and circumstances, the prosecution failed to present sufficient evidence to establish beyond a reasonable doubt that defendant had the subjective intent to threaten a presidential candidate.

Appellate Information

• Decided 07/19/2011
• Published 07/19/2011

Judges

• REINHARDT

Court

• United States Ninth Circuit

Counsel