U.S. v. HEINEMAN

No. 13-4043.

767 F.3d 970 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Aaron Michael HEINEMAN, a/k/a Aaron Heineman, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 15, 2014.


Attorney(s) appearing for the Case

Benjamin McMurray , Assistant Federal Public Defender ( Kathryn Nester , Federal Public Defender, with him on the briefs), District of Utah, Salt Lake City, UT, for Defendant-Appellant.

Elizabethanne C. Stevens , Assistant United States Attorney ( David B. Barlow , United States Attorney, with her on the brief), District of Utah, Salt Lake City, UT, for Plaintiff-Appellee.

Before HARTZ, BALDOCK, and BACHARACH, Circuit Judges.


HARTZ, Circuit Judge.

Defendant Aaron Heineman was convicted after a bench trial on one count of sending an interstate threat. See 18 U.S.C. § 875(c). The district court found that he knowingly sent an e-mail that caused the recipient to reasonably fear bodily harm. Defendant argues that his conviction violated the First Amendment because the court did not also find that he intended the recipient to feel threatened. We have jurisdiction under 28 U.S.C...

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