United States v. Michael Francis

WINTER, Chief Judge.

The United States appeals from Judge Sweet’s dismissal of a one-count indictment charging Michael Francis with interstate transmission of a threat to injure another person in violation of 18 U.S.C. § 875(c). The indictment charged Francis with interstate transmission of threats to “blow the victim’s head off, cut the victim up into a thousand tiny pieces, slit the victim’s throat, and kill the victim.” Judge Sweet dismissed the indictment because “the government failed to charge that Francis subjectively knew or intended his communication to be threatening.” United States…