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U.S. v. BAKER

Crim. No. 95-80106.

890 F.Supp. 1375 (1995)

UNITED STATES of America, Plaintiff, v. Jake BAKER and Arthur Gonda, Defendants.

United States District Court, E.D. Michigan, Southern Division.

June 21, 1995.

Attorney(s) appearing for the Case

Kenneth R. Chadwell, Asst. U.S. Atty., Christopher P. Yates, Asst. U.S. Atty., Detroit, MI, for plaintiff.

Douglas R. Mullkoff, Ann Arbor, MI, for defendant.

Edward M. Wise, American Civ. Liberties Union Fund of Mich., Detroit, MI, amicus curiae urging dismissal.

OPINION

COHN, District Judge.

"It is not the policy of the law to punish those unsuccessful threats which it is not presumed would terrify ordinary persons excessively; and there is so much opportunity for magnifying or misunderstanding undefined menaces that probably as much mischief would be caused by letting them be prosecuted as by refraining from it."

The People v. B.F. Jones, 62 Mich. 304, 28 N.W. 839 (1886).

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