UNITED STATES v. DYSART

No. 81-2251.

705 F.2d 1247 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Douglas Jackson DYSART, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 11, 1983.


Attorney(s) appearing for the Case

Mary G. Allen, Allen, Foreman & Mueller, Denver, Colo., for defendant-appellant.

Richard J. Smith, Asst. U.S. Atty., Albuquerque, N.M. (William L. Lutz, U.S. Atty., Albuquerque, N.M., was on brief), for plaintiff-appellee.

Before SETH, Chief Judge, and HOLLOWAY and BARRETT, Circuit Judges.


HOLLOWAY, Circuit Judge.

Defendant-appellant Douglas Dysart appeals from his conviction for threatening to take the life of the President of the United States, in violation of 18 U.S.C. § 871. Dysart was sentenced to three years' imprisonment. The only contested factual issue at trial was Dysart's sanity at the time of the offense, or as his counsel stresses, "all mens rea issues" pertaining to defendant's conduct.

For reversal, Dysart argues that...

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