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U.S. v. DeANDINO

No. 91-5895.

958 F.2d 146 (1992)

UNITED STATES of America, Plaintiff-Appellant, v. Jean Pierre DeANDINO, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided March 3, 1992.

Attorney(s) appearing for the Case

Joseph M. Whittle, U.S. Atty., Randy W. Ream, Asst. U.S. Atty., Terry Cushing, Asst. U.S. Atty. (briefed), Louisville, Ky., Sean Connelly (argued), U.S. Dept. of Justice, Crim. Div., Washington, D.C., for U.S.

C. Fred Partin (briefed), Alan S. Rubin (argued), Louisville, Ky., for Jean Pierre DeAndino.

Before MARTIN and MILBURN, Circuit Judges and CONTIE, Senior Circuit Judge.

CONTIE, Senior Circuit Judge.

The appellant, the United States of America, contests the district court's dismissal of the indictment as insufficient. The indictment alleged that appellee, Jean Pierre DeAndino, violated 18 U.S.C. § 875(c) because he "did knowingly and willfully transmit in interstate commerce ... a communication containing a threat to injure." For the following reasons, we reverse the decision of the district court and find that the indictment...

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