United States v. Stefanik, No. 10-2168 (1st Cir. 2012)Annotate this Case
Defendant, a 60-year-old pro se plaintiff, received notice that his three appeals would be dismissed unless he paid fees or filed a request to proceed in forma pauperis. He called the clerk's office and stated that he had filed a motion with the district court. A clerk stated that he had called the court of appeals in Boston, not the district court in Springfield. His response: "Go to fucking Springfield and get it." The clerk asked if he was serious. Defendant answered: "What's so fucking funny, you fucking [offensive name]?" The clerk hung up and went to her supervisor, who spoke to defendant and attempted to locate the motion. Defendant responded: "What kind of douche bags do you hire? I'll come down there with my shotgun and show you who means business." When defendant said: "You're lucky I'm only talking on the phone and not driving down there with my shotgun," the supervisor told him to stop making threats. Defendant muttered vulgarities and hung up. After investigation by U.S. Marshals and the FBI, he was convicted of threatening a U.S. official, 18 U.S.C. 115(a)(1)(B). The First Circuit affirmed, rejecting challenges to the sufficiency of the evidence and jury instructions.