UNITED STATES v. GRAY

No. 86-3085.

809 F.2d 579 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. James Edward GRAY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 3, 1987.


Attorney(s) appearing for the Case

G. Curtis Drake, Helena, Mont. for defendant-appellant.

Byron H. Dunbar, U.S. Atty., and Carl E. Rostad, Asst. U.S. Atty., Great Falls, Mont., for plaintiff-appellee.

Before ANDERSON, HUG and CANBY, Circuit Judges.


J. BLAINE ANDERSON, Circuit Judge:

James Edward Gray ("Gray") appeals his judgment of conviction for threatening to kill a federal district judge. Gray specifically appeals from the district court's denial of his motion to dismiss; his motion for acquittal; and his motion for arrest of judgment. Gray contends that the indictment filed against him was fatally deficient because threatening to kill a federal judge is not an offense under the statute cited in the indictment...

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