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U.S. v. STEWART

No. 03-10662.

420 F.3d 1007 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Robert D. STEWART, Jr., aka Robert Wilson Stewart, Bob Stewart, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 23, 2005.

Attorney(s) appearing for the Case

Thomas E. Haney, Esq., argued the cause for the appellant.

Patrick Schneider, Esq., Office of the U.S. Attorney, argued the cause for the appellee; Paul Charlton, Michael T. Morrissey, and Soo C. Song, Office of the U.S. Attorney, were also on the brief.

Before: O'SCANNLAIN, COWEN, and CBEA, Circuit Judges.

BEA, Circuit Judge:

We are asked to determine whether certain words, spoken under certain circumstances, constitute criminal threats of harm against a federal judge and are not protected by the First Amendment. We are also asked to determine what quantum of evidence the Government must present to establish that a defendant, who solicited another person to murder a federal judge, had the required criminal intent for the other person to commit the murder.

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