United States v. Dillard

This is the third “true threat” case I have sat on during the past year. See also United States v. Wheeler, 776 F.3d 736 (10th Cir.2015); United States v. Heineman, 767 F.3d 970, 982-87 (10th Cir.2014) (Baldock, J., concurring in the judgment). And the decisions are not getting any easier — this thorny case being a perfect example. Here, in contrast to my colleagues, I would affirm the district court because: (1) our case law, to my knowledge, has never been extended this far; and (2) the facts of this case do not merit such an extension.

The primary issue here is simple: Could a reasonable…