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U.S. v. WHITE

Nos. 10-4241, 10-4452, 10-4597.

670 F.3d 498 (2012)

UNITED STATES of America, Plaintiff-Appellant, v. William A. WHITE, Defendant-Appellee, v. University of Delaware; South Harrison Township (NJ) Police Department, Movants. American Civil Liberties Union of Virginia, Incorporated, Amicus Supporting Appellee. United States of America, Plaintiff-Appellee, v. William A. White, Defendant-Appellant, v. University of Delaware; South Harrison Township (NJ) Police Department, Movants. American Civil Liberties Union of Virginia, Incorporated, Amicus Supporting Appellant. United States of America, Plaintiff-Appellant, v. William A. White, Defendant-Appellee, v. University of Delaware; South Harrison Township (NJ) Police Department, Movants. American Civil Liberties Union of Virginia, Incorporated, Amicus Supporting Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: March 1, 2012.

Attorney(s) appearing for the Case

ARGUED: Linda F. Thome , United States Department of Justice, Washington, D.C., for the United States. Melissa Warner Scoggins , Warren & Associates, PLC, Norfolk, Virginia, for William A. White. ON BRIEF: Thomas E. Perez , Assistant Attorney General, Jessica Dunsay Silver , Tovah R. Calderon , United States Department of Justice, Washington, D.C., for the United States. Rebecca K. Glenberg , Gabriel Z. Walters , American Civil Liberties Union of Virginia Foundation, Inc., Richmond, Virginia, for Amicus Supporting William A. White.

Conviction affirmed, sentence vacated, and case remanded for resentencing by published opinion. Judge NIEMEYER wrote the opinion for the court, in which Judge DUNCAN joined and Judge FLOYD joined in part. Judge DUNCAN wrote a separate concurring opinion. Judge FLOYD wrote a separate opinion concurring in part and dissenting in part.

OPINION

NIEMEYER, Circuit Judge:

A jury convicted William White, the "Commander" of the American National Socialist Workers' Party, on four counts (of a seven-count indictment), Counts 1, 3, 5, and 6. The convictions on Counts 1, 5, and 6 were for transmitting in interstate commerce—by email, U.S. Mail, and telephone—threats to injure or intimidate individuals, in violation of 18 U.S.C. § 875(c) (prohibiting interstate communications containing...

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