U.S. v. VASQUEZ

No. 88-2268.

867 F.2d 872 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Eddie Serrato VASQUEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 2, 1989.


Attorney(s) appearing for the Case

C. Gerald Miller, Jr., Corpus Christi, Tex., (court-appointed), for defendant-appellant.

Paula C. Offenhauser and Hays Jenkins, Jr., Asst. U.S. Attys., Henry Oncken, U.S. Atty., Houston, Tex., for plaintiff-appellee.

Before GEE, HIGGINBOTHAM and DUHE, Circuit Judges.


DUHE, Circuit Judge:

Appellant Eddie Serrato Vasquez appeals his conviction for attempting to threaten Pope John Paul II and threatening Pope John Paul II in violation of 18 U.S.C. §§ 112(b)(1) and 112(b)(2). For the reasons stated below, we affirm the conviction under § 112(b)(1), vacate the conviction under 112(b)(2), vacate the sentence under both §§ 112(b)(1) and 112(b)(2), and remand for resentencing.

On September 2, 1987, the...

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