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U.S. v. KAMMERSELL

No. 98-4177.

196 F.3d 1137 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Matthew Joseph KAMMERSELL, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 15, 1999.

Attorney(s) appearing for the Case

Richard McKelvie (Paul M. Warner, United States Attorney and Richard Lambert, Assistant United States Attorney, on the brief), Salt Lake City, Utah, for Plaintiff-Appellee.

Deirdre A. Gorman, Ogden, Utah, for Defendant-Appellant.

Before KELLY, HOLLOWAY, and BRISCOE, Circuit Judges.

PAUL KELLY, Jr., Circuit Judge.

Defendant-Appellant Matthew Joseph Kammersell entered a conditional guilty plea to a charge of transmitting a threatening communication in interstate commerce, in violation of 18 U.S.C. § 875(c). Upon recommendation of the magistrate judge, the district court rejected Mr. Kammersell's contention that federal jurisdiction did not exist because both he and the recipient of the threat were located in the same state when the transmission...

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