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U.S. v. CLEMENS

No. 12-1149.

738 F.3d 1 (2013)

UNITED STATES of America, Appellee, v. Jeffrey L. CLEMENS, Defendant, Appellant.

United States Court of Appeals, First Circuit.

December 10, 2013.

Attorney(s) appearing for the Case

Matthew S. Cameron on brief for appellant.

Mark T. Quinlivan , Assistant United States Attorney, and Carmen M. Ortiz , United States Attorney, on brief for appellee.

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

LYNCH, Chief Judge.

We are invited in this case to change our circuit law on the type of intent needed by a defendant to communicate "true threats" under 18 U.S.C. § 875(c). We note there is a circuit split on the question of intent in the aftermath of Virginia v. Black, 538 U.S. 343, 123 S.Ct. 1536, 155 L.Ed.2d 535 (2003). The issue was not raised before the trial court, and on plain...

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