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U.S. v. LEAVERTON

No. 86-2590.

835 F.2d 254 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. David Jude LEAVERTON, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 11, 1987.

Attorney(s) appearing for the Case

Robert S. Streepy, Asst. U.S. Atty., Kansas City, Kan. (Benjamin L. Burgess, Jr., U.S. Atty., with him on brief), for plaintiff-appellee.

David J. Phillips, Asst. Federal Public Defender (Charles D. Anderson, Federal Public Defender, with him on brief), Kansas City, Kan., for defendant-appellant.

Before MOORE, BALDOCK, and McWILLIAMS, Circuit Judges.

McWILLIAMS, Circuit Judge.

In the first count of a two-count indictment, David Jude Leaverton and David Eugene Nicholson were charged with willfully making, through the use of the mail, a threat to kill, injure, or intimidate by means of an explosive by sending a letter addressed to "Senator Bob Dole, U.S. Senate Chamber, Washington, D.C. 20204," said letter containing a "simulated improvised explosive device," in violation of 18 U.S.C. §§ 844(e) and 2....

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