US v. Scott Rendelman, No. 08-4486 (4th Cir. 2011)
Annotate this CaseDefendant appealed two convictions related to the mailing of communications containing threats against various persons, including the President of the United States, in violation of 18 U.S.C. 876(c). At issue was whether Counts Two and Seven of the seven-count indictment were fatally defective for failure to properly allege section 876(c) offenses, whether the evidence was sufficient to prove either offense, and whether both charges were constructively amended such that defendant was deprived of his Fifth Amendment right to indictment by a grand jury. The court held that Count Two sufficiently alleged a violation of section 876(c) where the person or entity to whom the threatening communication was addressed was not an essential element of the offense and that Count Seven sufficiently alleged a violation of section 876(c) where it sufficiently alleged the Enhancement Element. The court also held that there was no defect in the proof of either offenses where the jury was entitled to find that the envelope was "addressed to" the Marshals Service, but that the "threat to injure" was "addressed to" the President and others. The court further held that the court's ruling on the propriety of the charges and the supporting evidence rendered defendant's contention, that the charges were constructively amended, as meritless.
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