UNITED STATES v. CALLAHAN

No. 81-6091.

702 F.2d 964 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Donald Vincent CALLAHAN, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 15, 1983.


Attorney(s) appearing for the Case

Patrick Doherty, Gross & Doherty, Clearwater, Fla., for defendant-appellant.

Stephen M. Crawford, U.S. Atty., Terry A. Zitek, Asst. U.S. Atty., Tampa, Fla., for plaintiff-appellee.

Before RONEY and HILL, Circuit Judges, and MORGAN, Senior Circuit Judge.


PER CURIAM:

Convicted of mailing a letter threatening the lives of the president-elect and vice president-elect of the United States in violation of 18 U.S.C.A. § 871, Donald Vincent Callahan appeals on the single issue of whether the statements he made in his letter constituted a true threat under the statute.

The statute provides that whoever knowingly and willfully mails a letter containing any threat to kill...

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