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U.S. v. WHIFFEN

No. 97-1036.

121 F.3d 18 (1997)

UNITED STATES, Appellee, v. Kevin WHIFFEN, Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided August 29, 1997.

Attorney(s) appearing for the Case

Bjorn Lange, Assistant Federal Defender, for defendant-appellant.

Jean B. Weld, Assistant United States Attorney, with whom Paul M. Gagnon, United States Attorney, and Peter E. Papps, First Assistant United States Attorney, were on brief for appellee.

Before TORRUELLA, Chief Judge, CYR, Senior Circuit Judge, and BOUDIN, Circuit Judge.

TORRUELLA, Chief Judge.

Defendant-appellant Kevin Whiffen ("Whiffen") was tried and convicted on four counts of transmitting threatening communications in interstate commerce in violation of 18 U.S.C. § 875(c). Whiffen now appeals, arguing that the indictment failed to allege an offense, that the court should have granted his motion under Rule 29 of the Federal Rules of Criminal Procedure for a judgment of acquittal on all counts, and that the court erred in...

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