United States v. Heineman, No. 13-4043 (10th Cir. 2014)Annotate this Case
Defendant Aaron Heineman was convicted after a bench trial on one count of sending an interstate threat. The district court found that in 2010 and 2011, Defendant sent three e-mails espousing white supremacist ideology to a professor at the University of Utah. The first two e-mails did not contain threats, but the third made the professor fear for his safety and the safety of his family. Defendant argued that his conviction violated the First Amendment because the court did not also find that he intended the recipient to feel threatened. Agreeing with Defendant, the Tenth Circuit reversed and remanded.