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U.S. v. WHEELER

No. 14-1031.

776 F.3d 736 (2015)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth Royal WHEELER, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 15, 2015.

Attorney(s) appearing for the Case

O. Dean Sanderford , Assistant Federal Public Defender (and Virginia L. Grady , Federal Public Defender, with him on the briefs), Denver, CO, for Defendant-Appellant.

James C. Murphy , Assistant United States Attorney (and John F. Walsh , United States Attorney, with him on the brief), Denver, CO, for Plaintiff-Appellee.

Before KELLY, BALDOCK, and EBEL, Circuit Judges.

Kenneth Wheeler was convicted of two counts of transmitting a threat in foreign commerce under 18 U.S.C. § 875(c) based on Facebook posts that called upon his "religious followers" to carry out violent acts. Count One of the indictment referenced Mr. Wheeler's "wrath commands" to kill law enforcement officers and children...

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