United States v. White, No. 14-4375 (4th Cir. 2016)
Annotate this CaseDefendant appealed his conviction and sentence for three counts of violating 18 U.S.C. 875(b), which makes it a felony to transmit threats in interstate commerce with the intent to extort, and one count of the lesser offense of transmitting a threat (without the intent to extort), in violation of 18 U.S.C. 875(c). The court concluded that the district court erroneously instructed the jury that it could convict defendant under section 875(c) if he transmitted a true threat in interstate commerce, without regard to his subjective intent. However, the court concluded that the error was harmless because the record contains no evidence that could rationally lead a jury to conclude that the sender of the e-mail at issue intended to do anything other than threaten the recipient, and because the jury concluded beyond a reasonable doubt that defendant was indeed the sender. In regard to the three section 875(b) convictions, the court concluded that a defendant may not threaten to injure or kidnap a person to collect a debt, even one legitimately due and owing. In this case, defendant was not entitled to have the indictment against him dismissed on the basis of his “claim of right” theory. The court rejected defendant's remaining contentions and affirmed the judgment.
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