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U.S. v. CHASE

No. 01-30200.

340 F.3d 978 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Steven Gene CHASE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 22, 2003.

Attorney(s) appearing for the Case

Brett A. Purtzer, Law Offices of Monte E. Hester, Inc., Tacoma, WA, for the defendant-appellant.

Jeffrey J. Kent, Assistant United States Attorney, Eugene, OR, for the plaintiff-appellee.

Before: MARY M. SCHROEDER, Chief Judge, and HARRY PREGERSON, THOMAS G. NELSON, ANDREW J. KLEINFELD, SIDNEY R. THOMAS, SUSAN P. GRABER, M. MARGARET McKEOWN, WILLIAM A. FLETCHER, RAYMOND C. FISHER, RONALD M. GOULD, and RICHARD R. CLIFTON, Circuit Judges.

Argued and Submitted En Banc March 25, 2003 — San Francisco, California.

Opinion by Judge GRABER; Concurrence by Judge KLEINFELD.

OPINION

GRABER, Circuit Judge:

A jury convicted Defendant Steven Gene Chase of violating 18 U.S.C. § 115(a)(1)(B) after he made a threat against agents of the Federal Bureau of Investigation. The jury acquitted him of a charge involving threats to other FBI agents. The threat underlying Defendant's...

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