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U.S. v. FRANCIS

Docket No. 97-1531.

164 F.3d 120 (1999)

UNITED STATES of America, Appellant, v. Michael FRANCIS, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 7, 1999.

Attorney(s) appearing for the Case

Jane A. Levine, Assistant United States Attorney for the Southern District of New York, New York City (Mary Jo White, United States Attorney, Ira M. Feinberg, Assistant United States Attorney, of counsel), for Appellant.

Mark E. Goidell, Galasso, Langione & Goidell, Melville, New York, for Defendant-Appellee.

Before: WINTER, Chief Judge, CALABRESI, Circuit Judge, and KNAPP, District Judge.

WINTER, Chief Judge.

The United States appeals from Judge Sweet's dismissal of a one-count indictment charging Michael Francis with interstate transmission of a threat to injure another person in violation of 18 U.S.C. § 875(c). The indictment charged Francis with interstate transmission of threats to "blow the victim's head off, cut the victim up into a thousand tiny pieces, slit the victim's throat, and kill the victim." Judge Sweet dismissed the indictment...

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