Summary
In United States v. Melendy, 438 F.2d 531 (9th Cir. 1971), the court upheld the conviction of the defendant under § 871 where the defendant was incarcerated in prison when he made the threat and thus hardly capable of carrying out his threat.
Summary of this case from United States v. HoffmanOpinion
No. 26005.
March 5, 1971.
Appeal from the United States District Court for the Central District of California; Manuel L. Real, Judge.
Donald B. Marks, Los Angeles, Cal., for appellant.
Robert L. Meyer, U.S. Atty., David R. Nissen, Chief, Crim. Div., Tom G. Kontos, Asst. U.S. Atty., Los Angeles, Cal., for appellee.
Before CHAMBERS and TRASK, Circuit Judges, and FREY, District Judge.
The judgment of conviction for a threat on the life of the President of the United States is affirmed. 18 U.S.C. § 871.
The defendant, incarcerated at Lompoc, California, did not have much capacity to carry out his threat, but the threat is the crime.
The defense was that defendant did not have the requisite intent for the crime. That was a question of fact which he lost.