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UNITED STATES v. OXENDINE

No. 75-3352.

531 F.2d 957 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Richard OXENDINE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

March 10, 1976.

Attorney(s) appearing for the Case

John P. Fadgen (argued), Las Vegas, Nev., for defendant-appellant.

Raymond D. Pike, Asst. U. S. Atty. (argued), South Las Vegas, Nev., for plaintiff-appellee.

Before ELY and HUFSTEDLER, Circuit Judges, and SMITH, District Judge.

OPINION

PER CURIAM:

Defendant was convicted on two counts of interstate communication of threats in violation of 18 U.S.C. § 875(c). The threats were directed at one Smith, a Federal Communications Commission inspector. We hold that prosecutions under 18 U.S.C. § 875(c) do require proof of a transmission in interstate commerce.1

The only problem before the court is whether there was evidence from which a jury...

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