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UNITED STATES v. JOHNSON

No. 22-1289 August Term 2022.

117 F.4th 28 (2024)

UNITED STATES of America, Appellee, v. Rickey JOHNSON, aka Sealed Defendant 1, aka Neil Dawn Defarren, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: September 6, 2024.

Attorney(s) appearing for the Case

Colleen P. Cassidy, Federal Defenders of New York, New York, NY, for Defendant-Appellant.

Kyle A. Wirshba, Assistant United States Attorney (Patrick R. Moroney, Stephen J. Ritchin, Assistant United States Attorneys, on the brief), for Damian Williams, United States Attorney for the Southern District of New York, New York, NY, for Appellee.

Judge Chin dissents in a separate opinion.

In 2021, Defendant-Appellant Rickey Johnson posted videos and sent private messages on Instagram in which he threatened Fox News hosts Greg Gutfeld and Laura Ingraham, Senator Joe Manchin, and Representative Lauren Boebert. Given the seriousness of the threats, Johnson was indicted on four counts. Counts One and Four charged...

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