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U.S. v. HOUSTON

No. 14-5295.

792 F.3d 663 (2015)

UNITED STATES of America, Plaintiff-Appellee, v. Clifford Leon HOUSTON, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 9, 2015.

Attorney(s) appearing for the Case

ARGUED: Mike Whalen , Knoxville, Tennessee, for Appellant. David C. Jennings , United States Attorney's Office, Knoxville, Tennessee, for Appellee. ON BRIEF: Mike Whalen , Knoxville, Tennessee, for Appellant. David C. Jennings , United States Attorney's Office, Knoxville, Tennessee, for Appellee.

Before: SUTTON, GRIFFIN, and WHITE, Circuit Judges.

OPINION

A grand jury indicted Clifford Leon Houston for transmitting a threat in interstate commerce. 18 U.S.C. § 875(c). When the case went to trial, the judge, applying then-governing Sixth Circuit precedent, instructed the jury that Houston's statement was a "true threat" if a "reasonable person hearing the...

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