United States v. Petrovic, No. 12-1427 (8th Cir. 2012)Annotate this Case
Defendant was convicted of four counts of interstate stalking and two counts of interstate extortionate threat. On appeal, defendant challenged his convictions and sentence. The court held that the interstate stalking statute, 18 U.S.C. 2261A(2)(A), did not violate defendants right to freedom of speech under the First Amendment; defendant waived his right to appeal the district court's denial of his motion for mistrial; nonetheless, any error by the district court in failing to grant a mistrial was harmless; the district court did not err by instructing the jury that a "sexual relationship" could be a "thing of value" under 18 U.S.C. 875(d); the district court made the requisite independent finding that defendant committed perjury and properly applied the two-level sentencing enhancement for obstruction of justice; and the evidence was sufficient to convict defendant of all charges. Accordingly, the court affirmed the judgment.