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UNITED STATES v. KELNER

No. 396, Docket 75-1290.

534 F.2d 1020 (1976)

UNITED STATES of America, Appellee, v. Russell KELNER, Appellant.

United States Court of Appeals, Second Circuit.

Decided April 9, 1976.

Attorney(s) appearing for the Case

Nathan Lewin, Miller, Cassidy, Larroca & Lewin, Washington, D. C., for appellant.

Robert J. Costello, Asst. U. S. Atty., New York City (Paul J. Curran, U. S. Atty., S. D. N. Y., New York City, Don D. Buchwald and John D. Gordan III, Asst. U. S. Attys., New York City, of counsel), for appellee.

Before MULLIGAN, OAKES and MESKILL, Circuit Judges.

OAKES, Circuit Judge:

This appeal is from a conviction for causing to be transmitted in interstate commerce a communication containing a "threat to injure the person of another," 18 U.S.C. §§ 2, 875(c).1 The offense charged in the indictment was that Russell Kelner, a member of the Jewish Defense League (JDL), caused to be transmitted in interstate commerce a threat to assassinate Yasser Arafat. Kelner was convicted after a jury...

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