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U.S. v. CHRISTIAN

No. 12-10202.

749 F.3d 806 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Eric Leon CHRISTIAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 17, 2014.

Attorney(s) appearing for the Case

Jess R. Marchese (argued), Marchese Law Office, Las Vegas, Nevada, for Defendant-Appellant.

Peter S. Levitt (argued), Daniel G. Bogden , Robert L. Ellman , United States Attorney's Office for the District of Nevada, Las Vegas, Nevada; Elizabeth Olson White , Roger Yang , United States Attorney's Office for the District of Nevada, Reno, Nevada, for Plaintiff-Appellee.

Before: ARTHUR L. ALARCON, RAYMOND C. FISHER, and MARSHA S. BERZON, Circuit Judges.

OPINION

FISHER, Circuit Judge.

Eric Leon Christian appeals his conviction for two counts of transmitting through interstate commerce email communications containing threats to injure the person of another. He argues that the district court should have allowed his expert, a psychologist who had earlier examined him for competency to stand trial, to testify regarding his diminished capacity defense and that he was...

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