U.S. v. KEYSER

No. 10-10224.

704 F.3d 631 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Marc McMain KEYSER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 6, 2012.


Attorney(s) appearing for the Case

John Balazs , Sacramento, CA, for Appellant.

Jean M. Hobler , Assistant United States Attorney, Sacramento, CA, for Appellee.

Before: STEPHEN REINHARDT, RICHARD R. CLIFTON, and N. RANDY SMITH, Circuit Judges.


OPINION

CLIFTON, Circuit Judge:

In an effort to drum up publicity for a self-published book on the dangers of anthrax, Marc Keyser feigned multiple acts of biological terrorism. After mailing hundreds of packets of powder labeled "Anthrax" — which were actually full of sugar — Keyser was convicted on two counts of mailing threatening communications under 18 U.S.C. § 876(c) ("threat" counts...

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