Legal Opinion
United States v. De Vaughn
Court of Appeals for the Tenth Circuit
Decided August 31, 2012No. 11-1225, 11-1226, 11-1228PublishedCited by 67 opinions
1Opinion of the Court
BALDOCK, Circuit Judge.
Defendant Jay Stuart De Vaughn mailed twelve hoax anthrax letters to the President of the United States, seven members of Congress, and two Argentine consulates in the United States. He pleaded guilty to multiple counts of mailing threatening communications in violation of 18 U.S.C. §§ 871, 875(c), 876(c), and 1038(a)(1). Defendant now challenges the validity of these charges, arguing his statements did not constitute “threats” and that applying these statutes to him violates the First Amendment. Addressing these arguments requires some straightforward statutory…
2Cases cited85 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Boykin v. AlabamaSupreme Court of the United States · 1969
- Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
- North Carolina v. AlfordSupreme Court of the United States · 1970
- Brady v. United StatesSupreme Court of the United States · 1970
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3Cited by67 opinions
- United States v. Michael St. HubertCourt of Appeals for the Eleventh Circuit · 2018
- Abernathy v. WandesCourt of Appeals for the Tenth Circuit · 2013
- United States v. WellsCourt of Appeals for the Tenth Circuit · 2017
- Sylvia v. WislerCourt of Appeals for the Tenth Circuit · 2017
- United States v. Richard ScruggsCourt of Appeals for the Fifth Circuit · 2013
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