U.S. v. ROMO

No. 04-30131.

413 F.3d 1044 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Allen ROMO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 5, 2005.


Attorney(s) appearing for the Case

Robin B. Hammond, Assistant Federal Defender, Federal Defenders of Montana, Billings, MT, for the appellant.

James E. Seykora, Assistant U.S. Attorney, Billings, MT, for the appellee.

Before: B. FLETCHER, McKEOWN, and GOULD, Circuit Judges.


McKEOWN, Circuit Judge:

Robert Romo appeals his conviction for threatening the President in violation of 18 U.S.C. § 871(a). Although he confessed to a licensed counselor that he made such a threat, he now claims that the counselor's trial testimony was admitted in violation of the psychotherapist-patient privilege. We conclude that the testimony was not privileged because Romo's statements to the counselor did not occur during the course of diagnosis or treatment...

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