United States v. Rosemary Zavrel

I agree with the Court’s conclusion that the mailing of an envelope containing a white powdery substance in October 2001 constituted a “communication” within the meaning of 18 U.S.C. § 876. I cannot, however, agree with its interpretation of the phrase “containing ... any threat to injure.” In my view, the “threat to injure” contemplated by 18 U.S.C. § 876 requires the relevant communication to convey that some prospective action will be taken by the sender or the sender's confederates. To the extent that the Court would apply a broader reading of the statute than the one I suggest, I would…