U.S. v. TOBIN

No. 08-1340.

552 F.3d 29 (2009)

UNITED STATES of America, Appellant, v. James TOBIN, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided January 7, 2009.


Attorney(s) appearing for the Case

Andrew Levchuk, Department of Justice, Criminal Division, Public Integrity Section, with whom William M. Welch II, Chief, Department of Justice, Criminal Division, Public Integrity Section, Nicholas Marsh, Department of Justice, Criminal Division, Public Integrity Section, Michael DuBose, Chief, Department of Justice, Criminal Division, Computer Crime and Intellectual Property Section, and Albert Rees, Department of Justice, Criminal Division, Computer Crime and Intellectual Property Section, were on brief for appellant.

John G. Kester with whom Dane H. Butswinkas, Tobin J. Romero, Jonathan Kravis and Williams & Connolly LLP were on brief for appellee.

Before LYNCH, Chief Judge, BOUDIN and STAHL, Circuit Judges.


BOUDIN, Circuit Judge.

The government's appeal in this case presents the question of whether 47 U.S.C. § 223(a)(1)(D)(2000), which criminalizes "mak[ing] or caus[ing] the telephone of another repeatedly or continuously to ring, with intent to harass any person at the called number," requires a subjective purpose to harass, or whether it suffices that the caller can foresee that the victim will feel abused or distressed. The factual and procedural background can...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases