United States v. Mary Frances Carrier

CARDAMONE, Circuit Judge:

An indictment was dismissed which without embellishment simply tracked the language of 18 U.S.C. § 871(a) that makes it a crime “knowingly and willfully” to make “any threat to take the life of or to inflict bodily harm upon the President of the United States.” 1 The district court found this indictment insufficient on its face because it failed to allege the factual context in which the actions of the defendant occurred. In dismissing it as a matter of law, the lower court concluded that the alleged threatening words could not under any circumstances constitute…