United States v. Mjoness, No. 20-8029 (10th Cir. 2021)
Annotate this CaseDefendant-appellant Joshua Mjoness challenged his conviction under 18 U.S.C. 924(c) for using and carrying a firearm in relation to a crime of transmitting threats in interstate commerce under 18 U.S.C. 875(c). The question on appeal was whether 18 U.S.C. 875(c) constituted a crime of violence such that it could serve as a predicate for the 18 U.S.C. 924(c) charge. The Tenth Circuit found that section 875(c) provided separate elements in the form of threats to kidnap or, alternatively, threats to injure, so the Court concluded Mjoness’s offense of transmitting threats to injure in interstate commerce met the definition of a "crime of violence." The Court therefore affirmed the district court’s order, but on alternate grounds.
The court issued a subsequent related opinion or order on September 3, 2021.
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